The basic content of People's Republic of China (PRC) Anti-Unfair Competition Law on Shuozhou Municipal Government Procurement Network;
Chapter I General Principles
Article 1 This Law is formulated to ensure the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition and protect the legitimate rights and interests of operators and consumers.
Article 2 In market transactions, business operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility, and abide by recognized business ethics.
Unfair competition as mentioned in this Law refers to the acts of business operators that violate the provisions of this Law, damage the legitimate rights and interests of other business operators and disrupt social and economic order.
The term "business operators" as mentioned in this Law refers to legal persons, other economic organizations and individuals engaged in commodity business or profit-making services (hereinafter referred to as commodities including services).
Article 3 People's governments at all levels shall take measures to stop unfair competition and create a good environment and conditions for fair competition.
The administrative departments for industry and commerce of the people's governments at or above the county level shall supervise and inspect acts of unfair competition; Where laws and administrative regulations provide for supervision and inspection by other departments, such provisions shall prevail.
Article 4 The State encourages, supports and protects all organizations and individuals to exercise social supervision over acts of unfair competition.
State functionaries shall not support or cover up acts of unfair competition.
Chapter II Acts of Unfair Competition
Article 5 Business operators shall not engage in market transactions by the following improper means, thus harming competitors:
Counterfeiting another person's registered trademark;
Unauthorized use of the unique name, packaging and decoration of well-known commodities, or the use of names, packaging and decoration similar to well-known commodities, resulting in confusion with other well-known commodities, so that buyers mistakenly think that they are well-known commodities;
(three) unauthorized use of other people's enterprise name, so that people mistakenly believe that it is another person's goods;
Forge or fraudulently use quality marks such as certification marks and brand-name marks on commodities, forge the place of origin, and make misleading false representations about the quality of commodities.
Article 6 Public enterprises or other operators with independent status according to law shall not restrict others from buying the goods of their designated operators, so as to crowd out the fair competition of other operators.
Article 7 The government and its subordinate departments shall not abuse their administrative power to restrict others from purchasing the commodities of the operators designated by them, or restrict the legitimate business activities of other operators.
The government and its subordinate departments shall not abuse administrative power to restrict foreign goods from entering the local market or local goods from flowing to foreign markets.
Article 8 Business operators shall not bribe the sale or purchase of commodities by property or other means. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who secretly accept kickbacks outside the account shall be punished as accepting bribes.
When selling or buying goods, business operators can give discounts to each other in an express way and can give commissions to middlemen. If an operator gives a discount to the other party or a commission to the middleman, it must be truthfully recorded. Operators who accept discounts and commissions must record them truthfully.
Article 9 Business operators shall not make misleading false propaganda on the quality, production method, performance, use, producer, expiration date and place of origin of commodities by advertising or other means.
Advertising agents shall not act as agents, design, produce or publish false advertisements that they know or should know.
Article 10 Business operators shall not infringe on business secrets in the following ways:
Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
Disclosing, using or allowing others to use the business secrets of the obligee obtained by the means mentioned in the preceding paragraph;
3. To disclose, use or allow 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.
If a third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business secrets.
The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee.
Article 11 An operator shall not sell goods at a price lower than the cost for the purpose of crowding out competitors.
In any of the following circumstances, it is not an act of unfair competition:
1. Sell fresh goods;
(two) to deal with the expiration of the effective period of goods or other backlog of goods;
Seasonal price reduction;
4. Selling goods at reduced prices due to paying off debts, changing production or stopping business.
Article 12 When selling goods, business operators shall not tie in the goods against the buyers' wishes or attach other unreasonable conditions.
Thirteenth operators shall not engage in the following sales activities with prizes:
1. Selling with prizes by fraudulent means, such as falsely claiming a prize or intentionally letting the default personnel win the prize;
(two) to promote high quality and low price goods by way of prize sales;
(3) Lottery sales, in which the highest prize amount exceeds 5,000 yuan.
Article 14 A business operator shall not fabricate or spread false facts to damage the business reputation and commodity reputation of competitors.
Fifteenth bidders shall not collude in bidding, raise the bid price or lower the bid price.
Bidders and bidders shall not collude with each other to crowd out the fair competition of competitors.
Chapter III Supervision and Inspection
Sixteenth supervision and inspection departments at or above the county level may supervise and inspect acts of unfair competition.
Seventeenth supervision and inspection departments in the supervision and inspection of unfair competition, have the right to exercise the following functions and powers:
1. Ask the inspected business operators, interested parties and witnesses according to the prescribed procedures, and ask for supporting materials or other materials related to unfair competition;
2. Inquire and copy agreements, account books, bills, documents, records, business correspondence and other materials related to acts of unfair competition;
(3) to inspect the property related to the acts of unfair competition as stipulated in Article 5 of this Law, and when necessary, to order the inspected business operators to explain the source and quantity of the goods, to suspend sales until the inspection, and not to transfer, conceal or destroy the property.
Article 18 When conducting supervision and inspection on acts of unfair competition, the staff of the supervision and inspection department shall show their inspection certificates.
Nineteenth supervision and inspection departments in the supervision and inspection of acts of unfair competition, the inspected operators, interested parties and witnesses shall truthfully provide relevant information or materials.
Chapter IV Legal Liability
Article 20 A business operator who violates the provisions of this Law and causes damage to the infringed business operator shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; And bear the reasonable expenses paid by the infringed operator to investigate and deal with the unfair competition behavior of the operator to divide his legitimate rights and interests.
If the legitimate rights and interests of the infringed business operators are harmed by unfair competition, they may bring a lawsuit to the people's court.
Article 21. Operators who pass off others' registered trademarks, use others' enterprise names without authorization, forge or fraudulently use certification marks, brand-name marks and other quality marks, forge the place of origin, and make misleading false representations about the quality of goods shall be punished in accordance with the provisions of the Trademark Law of People's Republic of China (PRC) and the Product Quality Law of People's Republic of China (PRC).
Where an operator uses the unique name, packaging and decoration of a well-known commodity without authorization, or uses a name, packaging and decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities, so that the buyer mistakenly thinks that it is the well-known commodity, the supervision and inspection department shall order it to stop the illegal act, confiscate the illegal income, and may impose a fine of more than one time but less than three times the illegal income according to the circumstances; If the circumstances are serious, the business license may be revoked; If selling fake and inferior commodities constitutes a crime, criminal responsibility shall be investigated according to law.
Twenty-second operators use property or other means to bribe the sale or purchase of goods, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the supervision and inspection department may impose a fine of 1 10,000 yuan but not more than 200,000 yuan according to the circumstances, and confiscate the illegal income.
Article 23 If a public enterprise or other operator has a monopoly position according to law, restricting others from buying the goods of its designated operator and crowding out the fair competition of other operators, the supervision and inspection department at the provincial level or a city divided into districts shall order it to stop the illegal act, and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan according to the circumstances. If the designated business operator sells inferior and high-priced goods or overcharges, the supervision and inspection department shall confiscate the illegal income and may impose a fine of more than one time and less than three times the illegal income according to the circumstances.
Article 24 Where a business operator makes misleading false propaganda on commodities by advertising or other methods, the supervision and inspection department shall order it to stop the illegal act and eliminate the influence, and may impose a fine of 1 10,000 yuan but not more than 200,000 yuan according to the circumstances.
If an advertising operator acts as an agent, designs, produces or publishes false advertisements that he knows or should know, the supervision and inspection department shall order him to stop the illegal act, confiscate his illegal income and impose a fine according to law.
Article 25 If anyone violates the provisions of Article 10 of this Law and infringes on business secrets, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 200,000 yuan according to the circumstances.
Article 26 Where an operator conducts sales with prizes in violation of Article 13 of this Law, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan according to the circumstances.
Twenty-seventh bidders collude in bidding, raising the bid price or lowering the bid price; Bidders collude with each other to crowd out the fair competition of competitors, and the bid is invalid. The supervision and inspection department may impose a fine of 1 10,000 yuan but not more than 200,000 yuan according to the circumstances.
Article 28 If an operator suspends sales in violation of the order and is not allowed to transfer, conceal or destroy the property related to unfair competition, the supervision and inspection department may impose a fine of more than/kloc-0 and less than 3 times the price of the property sold, transferred, concealed or destroyed according to the circumstances.
Twenty-ninth if a party refuses to accept the punishment decision made by the supervision and inspection department, it may, within fifteen days from the date of receiving the punishment decision, apply to the competent authority at the next higher level for reconsideration; If he refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision; You can also bring a lawsuit directly to the people's court.
Article 30 If the government and its subordinate departments, in violation of the provisions of Article 7 of this Law, restrict others from purchasing the commodities designated by them, restrict the legitimate business activities of other operators, or restrict the normal circulation of commodities between regions, the higher authorities shall order them to make corrections; If the circumstances are serious, the person directly responsible shall be given administrative sanctions by the authorities at the same level or at a higher level. If the designated business operator sells inferior and high-priced goods or overcharges, the supervision and inspection department shall confiscate the illegal income and may impose a fine of more than one time and less than three times the illegal income according to the circumstances.
Article 31 If the functionaries of state organs who supervise and inspect acts of unfair competition abuse their powers and neglect their duties, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.
Article 32 If a functionary of a state organ who supervises and inspects acts of unfair competition engages in malpractices for personal gain and intentionally shields an operator who knowingly violates the provisions of this Law and constitutes a crime, he shall be investigated for criminal responsibility according to law.
Chapter V Supplementary Provisions
Article 33 This Law shall come into force as of 1993 65438+2 1.
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