Unfair competition behavior refers to the behavior that operators violate the provisions of the anti-unfair competition law, disrupt the market competition order and damage the legitimate rights and interests of other operators or consumers in production and business activities.
First, commercial confusion.
1, the essence of behavior: people mistakenly think that it is another person's property or has a specific connection with others.
2. Behavior type:
(1) is confused with other people's product identification. Such as commodity name, packaging, decoration and other signs. Pay attention to the overall management style and decoration of the business premises.
(2) Confused with other people's names. Pay attention to using other people's registered trademarks as enterprise names, which leads to misunderstanding and constitutes commercial confusion.
(3) Confused with other people's Internet business signs. Such as domain name text, website name, web page, etc.
(4) Other commercial confusion behaviors. For example, using advertising words or music created by others and known to the public to promote their own products; Express or imply business cooperation with well-known enterprises or celebrities in product introduction
3. Legal liability
(1) administrative responsibility. (1) Ordered to stop illegal activities and confiscate illegal items. 2 fine. ③ Revocation of business license
(2) Name change registration. Where the registered enterprise name of the operator violates the provisions of Article 6 of the Anti-Unfair Competition Law, it shall timely register the name change.
(3) Civil liability. Business operators who cause damage to others due to commercial confusion shall bear civil liability according to law.
Second, commercial bribery.
1. behavioral purpose: to seek trading opportunities or competitive advantages.
2. Object scope:
(1) Counterparty employee
(2) Units or individuals entrusted by counterparties to handle relevant affairs.
(3) Units or individuals that use their authority or influence to influence transactions.
Pay attention to the identification of employees' commercial bribery: if the employees of the operator pay bribes, it should be identified as the behavior of the operator; However, unless the operator has evidence to prove that the behavior of the staff member has nothing to do with seeking trading opportunities or competitive advantages for the operator.
3. Behavior type:
(1) No discount or commission has been paid explicitly.
(2) The payment or acceptance of discounts and commissions is not recorded truthfully.
Pay attention to normal business discounts and commissions: express delivery+factual double entry.
Third, false propaganda.
1. Behavior essence: misleading false propaganda by advertising or other methods.
2. Behavior type:
(1) False propaganda: Operators make false or misleading commercial propaganda on the performance, function, quality, sales, user evaluation and honor of their products to deceive and mislead consumers. Pay attention to commercial propaganda, including not only advertisements, but also news, information conferences and other communication behaviors with commercial purposes. Another example is the behavior of hiring people to queue up, which causes many illusions for customers.
(2) False transactions: Operators help other operators to make false or misleading commercial propaganda by organizing false transactions. Such as: network brushing behavior
Four. Infringe on business secrets
1. Trade secrets: Trade secrets refer to technical and commercial information that is unknown to the public, has commercial value and is kept confidential by the obligee. The most common are product formulas, customer lists, etc.
Note ① Trade secrets are different from patents and registered trademarks. They can be owned and used by multiple rights holders at the same time, as long as the means of acquisition and use are legal (such as independent research and development, deciphering other people's technical information through reverse engineering, etc.). ) .② Special explanation: Obtaining other people's technology through reverse engineering decoding does not constitute infringement of trade secrets.
2. Behavior type:
(1) Obtaining the business secrets of the obligee by illegal means such as theft, bribery, fraud and coercion (illegal acquisition)
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph (disclosure of use)
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. The subject of concern is a person with a specific confidentiality obligation.
(4) If a third party obtains, discloses, uses or allows others to use the trade secret while knowing or should know that the employee, former employee or other unit or individual of the holder of the trade secret has committed the illegal acts listed in the preceding paragraph, it shall be regarded as infringement of the trade secret. The subject of attention is a malicious third party, which constitutes infringement and bears joint liability.
Verb (abbreviation of verb) slander of goodwill
1. Behavior essence: fabricating and spreading false information or misleading information.
2. Actor:
(1) operator
(2) Other operators and non-operator units or individuals instructed by operators. Note that the instructed person constitutes the infringer of unfair competition.
3. behavioral points
(1) The operator has committed acts of defaming goodwill.
(2) Defamation is directed at one or more specific competitors. Note that comparative publicity usually belittles all other operators in the same industry as competitors, which should be considered as commercial slander.
(3) Subjectively, there is goodwill to maliciously slander the other party. Note that defaming goodwill for the purpose of commercial competition only constitutes general infringement and bears civil liability according to the Tort Liability Law.
Unfair competition on the internet with intransitive verbs.
1, behavior type
(1) Inserting a link or forcing a target jump into a legally provided network product or service without the consent of other operators.
(2) misleading, deceiving or forcing users to modify, shut down or uninstall network products or services legally provided by other operators.
(3) Malicious incompatibility with network products or services legally provided by other operators.
(four) other acts that hinder or destroy the normal operation of network products or services provided by other operators according to law.
2. behavioral points
(1) Actors: operators who use the Internet to engage in production and business activities, including: ① operators who provide Internet platforms (such as trading platforms, information platforms, social platforms, etc.). ); ② Operators who use other people's Internet platforms to provide products (physical objects, information products, investment products, service products, etc.). ).
(2) Behavior object: other operators who have actual or potential competition with the behavior person on the Internet.
(3) Behavioral characteristics: Obstructing or destroying the normal operation of network products or services legally provided by other operators.