Market economy is an economic system model that takes the maximization of interests as the internal driving force, allocates social resources and guides social and economic operation through market mechanisms such as supply and demand, price and competition. Competition is the basic component of market economy and the source of market economy vitality. In the market, encourage fair competition in commercial means that conform to national laws, abide by socially recognized business ethics and abide by the principle of good faith. However, in the market competition, some operators and other market participants, in pursuit of economic interests, violate the principles of honesty, fairness and equality, violate laws and regulations, and adopt unfair competition methods such as commercial slander, commercial bribery, infringement of commercial secrets, and false advertisements. Unfair competition is a violation and infringement of fair competition, which will damage the legitimate rights and interests of other operators and disrupt the social and economic order.
Legal basis:
Law of People's Republic of China (PRC) on Anti-Unfair Competition Article 2 Operators shall follow the principles of voluntariness, equality, fairness, honesty and credit, and abide by laws and business ethics in their production and business activities. Unfair competition as mentioned in this Law refers to the acts of business operators in violation of the provisions of this Law, disrupting the order of market competition and harming the legitimate rights and interests of other business operators or consumers. Operators mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production, operation or provision of services (hereinafter referred to as commodities, including services).
Derivative problem:
How to use judicial interpretation in unfair competition?
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Cases of Unfair Competition promulgated by the Supreme People's Court includes the following four aspects. This judicial interpretation specifically explains the connotations of concepts such as "well-known commodity" and "enterprise name" stipulated in the Anti-Unfair Competition Law, and stipulates the corresponding identification standards and burden of proof. First of all, the judicial interpretation specifically explains the connotations of concepts such as "well-known commodity" and "enterprise name" stipulated in the Anti-Unfair Competition Law, and stipulates the corresponding identification standards and burden of proof. For example, it is clearly defined that "goods with certain market popularity in China are well known to the relevant public" as "well-known goods", and the criteria for identifying "well-known goods" are specified in detail. At the same time, it is clear that "the plaintiff bears the burden of proof for the market popularity of its goods".
Secondly, the judicial interpretation defines the specific criteria for the unfair competition mode of "misleading false propaganda behavior" that is common in practice.
The amount of damages for unfair competition such as counterfeiting registered trademarks, unauthorized use of other people's names, false propaganda, fabricating facts to damage competitors' business reputation, etc. , can refer to the method of determining the amount of damages for infringement of the exclusive right to use a registered trademark.
Thirdly, it is a common unfair competition to obtain the trade secrets of other businesses in an unfair way. China's current Anti-Unfair Competition Law stipulates that infringing on trade secrets by unfair means is an act of unfair competition, and clearly defines the concept of "trade secrets". The judicial interpretation sets specific standards for the definitions of "unknown to the public", "able to bring economic benefits to the obligee", "confidentiality measures taken by the obligee" and "customer list in trade secrets", and stipulates that,
Judicial interpretation clearly stipulates the legal litigants in cases of infringement of trade secrets, and at the same time stipulates that the amount of damages for infringement of trade secrets can be determined by referring to the determination method of damages for infringement of patent rights; Where a trade secret is known to the public due to infringement, the amount of damages shall be determined according to the commercial value of the trade secret, and the evaluation standard of the commercial value shall be stipulated. Finally, considering the complexity of civil first-instance cases of unfair competition stipulated in Articles 5, 10 and 14 of the Anti-Unfair Competition Law, the judicial interpretation stipulates that such first-instance cases are generally under the jurisdiction of the intermediate people's courts.