65438+1Promulgated by Decree No.33 of the State Administration for Industry and Commerce on July 6, 1995
first
In order to stop the acts of unfair competition in counterfeiting the unique names, packaging and decoration of well-known commodities, these Provisions are formulated in accordance with the relevant provisions of the Anti-Unfair Competition Law of People's Republic of China (PRC) (hereinafter referred to as the Anti-Unfair Competition Law).
second
The unfair competition behavior of counterfeiting the unique name, packaging and decoration of other people's well-known goods refers to the act of using the unique name, packaging and decoration of other people's well-known goods in the same or similar way without authorization in violation of the provisions of Item (2) of Article 5 of the Anti-Unfair Competition Law, which causes confusion with other people's well-known goods and makes buyers mistake it for the well-known goods. The term "misleading the buyer to think that it is a well-known commodity" mentioned in the preceding paragraph includes the content that is enough to mislead the buyer to think that it is a well-known commodity.
essay
The term "well-known commodities" as mentioned in these Provisions refers to commodities that have a certain popularity in the market and are known to the relevant public.
The term "unique" as mentioned in these Provisions refers to the fact that the name, packaging and decoration of a commodity are not shared by related commodities, and have distinctive features.
The term "unique names of well-known commodities" as mentioned in these Provisions refers to the names of well-known commodities that are significantly different from the general names. Except that the name has been registered as a trademark.
The term "packaging" as mentioned in these Provisions refers to auxiliary materials and containers used on commodities for the purpose of identifying commodities and facilitating carrying, storage and transportation.
The term "decoration" as mentioned in these Provisions refers to the words, patterns, colors and their arrangement and combination attached to commodities or their packages for identifying and beautifying commodities.
Article 4
If the name, packaging and decoration of a commodity are used by others in the same or similar way without authorization, which is enough to cause misunderstanding by buyers, the commodity can be considered as a well-known commodity. Unique commodity names, packaging and decoration shall be marked according to the principle of pre-use.
Article 5
The use of names, packages and decorations similar to those of well-known commodities can be determined by comprehensive analysis of the similarity of the main parts, the similarity of the overall impression, and the misunderstanding of ordinary buyers with ordinary attention. If the average buyer has been mistaken or confused, it can be considered approximate.
Article 6
The administrative departments for industry and commerce at or above the county level shall, when supervising and inspecting the acts of unfair competition in counterfeiting the unique names, packaging and decoration of well-known commodities, identify the well-known commodities together with the unique names, packaging and decoration.
Article 7
If an operator commits one of the acts listed in Article 2 of these Provisions, the administrative department for industry and commerce at or above the county level may punish him in accordance with the provisions of the second paragraph of Article 21 of the Anti-Unfair Competition Law.
Article 8
Where an operator commits one of the acts listed in Article 2 of the present Provisions, the administrative department for industry and commerce may, in addition to being punished in accordance with the provisions of the preceding Article, deal with the infringing articles as follows:
(1) Collecting and destroying or ordering and supervising the infringer to destroy the unused infringing packaging and decoration;
(two) to order and supervise the infringer to eliminate the name, packaging and decoration of the infringing goods on the existing goods;
(three) the collection of molds, printing plates and other crime tools directly used to print the packaging and decoration of infringing goods;
(4) If the first three measures are not enough to stop the infringement, or the name, packaging and decoration of the infringing goods are difficult to separate from the goods, the infringer shall be ordered to supervise the destruction of the infringing goods.
Article 9
Whoever sells goods that he knows or should know are counterfeit goods with unique names, packaging and decoration shall be punished by applying mutatis mutandis the provisions of Articles 7 and 8 of these Provisions.
Article 10
The administrative department for industry and commerce may punish the infringer in accordance with the Anti-Unfair Competition Law and these Provisions if the packaging and decoration of well-known commodities patented by well-known commodity operators are counterfeited.
Article 11
These Provisions shall come into force as of the date of promulgation.
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