1. What are the unfair competition behaviors related to intellectual property rights?
1. Unfair competition behaviors related to intellectual property rights include:
(1) Counterfeiting of goods. Including acts of confusing commodity entities and false labeling of commodities;
(2) False publicity. It refers to the behavior of operators using advertising or other methods to falsely promote products that are inconsistent with the actual situation, leading to misunderstanding by users and consumers;
(3) Infringement of trade secrets. Regarding the legal protection of trade secrets, various countries have adopted different legislation. Some have enacted separate laws, some have stipulated them in unfair competition laws, and some have applied general tort laws;
(4) Commercial defamation Behavior. It refers to the behavior of operators using unfair competition methods such as fabricating and spreading false facts to slander and belittle the business reputation and product reputation of competitors in order to weaken their competitive strength.
2. Legal basis: Article 21 of the "Law of the People's Republic of China against Unfair Competition"
Business operators and other natural persons, legal persons and unincorporated organizations violate Article 9 of this Law stipulates that anyone who infringes on business secrets shall be ordered by the supervision and inspection department to stop the illegal activities, the illegal gains shall be confiscated, and a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan shall be imposed. A fine of less than RMB 10,000.
2. Is unfair competition an intellectual property infringement?
Unfair competition is an intellectual property infringement. Anti-unfair competition is a comprehensive regulation on other intellectual property rights other than traditional intellectual property rights such as copyrights, trademark rights, and patent rights. The main ones include infringement of trade secrets, false propaganda, etc., which fall under the category of intellectual property rights.