Regulations of Beijing on Anti-Unfair Competition
Regulations of Beijing on Anti-Unfair Competition
Regulations of Beijing on Anti-Unfair Competition
Announcement of the Standing Committee of the People's Congress of Beijing No. 23
July 27, 1994
*Notes:The Regulations have already been revised by the Decision of the Standing Committee of the People's Congress of Beijing on Amendment (Promulgation Date: September 4, 1997 Effective Date: January 1, 1998)
Adopted at the 11th session of the Standing Committee of the 10th People's Congress of Beijing on July 22, 1994, the Regulations of Beijing on Anti-Unfair Competition is hereby promulgated and shall come into effect as of September 1, 1994.
Regulations of Beijing on Anti-Unfair Competition
(Adopted at the 11th session of the Standing Committee of the 10th People's Congress of Beijing on July 22, 1994)
Chapter I General Provisions
Article 1 For the purpose of safeguarding the sound development of socialist market economy, maintaining market order, encouraging and protecting fair competition, curbing acts of unfair competition and guarantying the legitimate interests and rights of business operators and consumers, these Regulations are hereby formulated in accordance with the Anti-Unfair Competition Law of the People's Republic of China, provisions of relevant laws and regulations and the practical situation of Beijing.
Article 2 Business operators engaging in trading of commodities or profit-making services (commodities referred to hereinafter include services) within the administrative areas of Beijing must abide by these Regulations.
Article 3 Business operators shall, in their market transactions, adhere to the principle of self-willingness, equality, honesty and credibility and observe the generally acknowledged commercial morality as well.
Article 4 Administrative departments for industry and commerce in cities, districts and counties shall be responsible for supervising and inspecting the acts of unfair competition; where laws and administrative regulations provide that other departments shall be responsible for the supervision and inspection, such provisions shall prevail.
Article 5 People's governments at various levels shall strengthen management over the market, take measures to curb acts of unfair competition and create favorable environment and conditions for fair competition.
Public security organs, procuratorial organs and people's courts shall, within their respective functions and powers, support, coordinate with and safeguard the supervision and inspection departments in legally performing their supervision and inspection responsibilities.
Article 6 Beijing encourages, supports and protects all organizations and individuals who conduct social as well as public supervision over the acts of unfair competition.
All organizations and individuals have rights to accuse and expose the acts of unfair competition. Where the facts accused and exposed are verified to be true and the assistance provided in investigating and punishing the acts of unfair competition is successful, the organizations or individuals shall be rewarded properly and their acts shall be kept confidential.
All trade associations shall formulate conventions of fair dealing of its own trade and assist the supervision and inspection departments in their investigating and punishing the acts of unfair competition in accordance with the laws.
Article 7 No state functionaries are permitted to support or harbor acts of unfair competition.
Chapter II Acts of Unfair Competition
Article 8 Business operators shall not counterfeit the registered trademarks of others:
1. Using trademarks identical to the registered trademarks on the same commodities or similar commodities without permissions of the owners of the registered trademarks;
2. Selling deliberately the commodities with registered trademarks of others; or
3. Counterfeiting and manufacturing signs of the registered trademarks of others without permissions, or selling signs of the registered trademarks counterfeited and manufactured without permissions.
Article 9 Business operators shall not use the unique names, packages or decorations peculiar to the well-known commodities without authorization, or use the names, packages or decorations similar to those of the well-known commodities, thereby confusing the commodities with those famous commodities and leading the purchasers to mistake the former for the latter. The well-known commodities mentioned in this article refer to the following commodities:
1. Commodities winning awards in the international awarding activities accepted by the relevant departments of our country;
2. Commodities regarded as the excellent products by government departments, trade organizations or consumer's associations at or above the provincial and ministerial levels;
3. Commodities accepted by the consumers and having long standing reputation in the relevant markets; and
4. Other commodities widely publicized and having relatively higher popularities in the relevant markets.
Article 10 Business operators shall not use the names of others or names of other enterprises without permission to thereby lead people to mistake their commodities for those of others.
Article 11 Business operators shall not make false and misleading indications as to the quality of their commodities by resorting to the means of counterfeiting or false using:
1. Using counterfeit or false quality marks such as certification marks and excellent product marks on the commodities;
2. Using again the cancelled certification marks or excellent product marks;
3. Inconsistence between the certification marks or excellent product marks being used and the certification marks or excellent product marks actually acquired;
4. Counterfeiting or falsely using quality inspection certifications, numbers of the licenses or manufacture supervising units;
5.
......