Provisions of the Anti Unfair Competition Law and the Anti Unfair Competition Law

We are pleased to provide you with the following provisions of the Anti-Unfair Competition Law: It is an act of unfair competition for a business operator to sell goods below cost for the purpose of squeezing out competitors. However, if the operator has one of the following circumstances, even if it sells the goods sold at a price lower than the cost, it is not an act of unfair competition: Selling fresh goods; Dealing with products that are nearing expiration dates or other overstocked products; seasonal price reductions; Due to the repayment of debts, the change of production, and the closure of business, the sale of goods at a reduced price.

In China, the legislative basis of the Anti-Unfair Competition Law is the principle of fairness. The principle of fairness requires that the parties should guide their behavior and balance the interests of all parties with the concept of social justice and fairness in civil activities, and require that the disputes between the parties be handled with the concept of social justice and fairness.

1. China's legal aid system.

Legal aid is an important legal system to safeguard the legitimate rights and interests of the needy people and ensure social fairness and justice. Since the implementation of the legal aid system in China in 1994, China has carried out in-depth explorations of legal aid work in terms of legislation and practice, and has achieved certain results, but there are still imperfections, such as insufficient publicity, serious shortage of funds, insufficient aid personnel, single form of service, and lack of standardization of the system.

2. Basic principles and procedures for signing sales contracts.

The signing of the contract should be followed: the principle of equality, the legal status of the parties to the contract is equal, and one party shall not impose its will on the other; The parties to the contract have the right to voluntarily conclude a contract in accordance with the law, and no unit or individual may illegally interfere with it. The principle of fairness, the parties shall follow the principle of fairness to determine the rights and obligations of the parties.

3. How to deal with the obvious unfairness in the conclusion of the mediation agreement.

Obviously unfair handling when entering into a mediation agreement: The parties may request the people's court or arbitration institution to modify or terminate the contract in accordance with the principle of fairness in light of the actual situation of the case. Obviously unfair contract refers to a contract that is obviously materially unfavorable to itself entered into by one party due to urgency or lack of experience at the time of entering into a contract, and often the rights and obligations of both parties are extremely unequal, and the interests of the parties are unbalanced, thus violating the principle of fairness and reasonableness.

Article 1 of the Anti-Unfair Competition Law of the People's Republic of China.

This Law is enacted in order to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop acts of unfair competition, and protect the lawful rights and interests of business operators and consumers.

Article 3. The people at all levels shall take measures to stop acts of unfair competition and create a good environment and conditions for fair competition.

Establish coordination mechanisms for efforts to counter unfair competition, research and decide on major policies to combat unfair competition, and coordinate the handling of major issues in maintaining the order of market competition.

The amendment to Article 6 of the Anti-Unfair Competition Law provides a more accurate definition of market confusion: in it, item (1) is clearly defined as "unauthorized use of the same or similar marks as the name, packaging, model size, and bad decoration of the commodity that has a certain influence on others", and item (2) is clearly defined as "unauthorized use of the name of an enterprise with a certain influence on others (abbreviation, trade name, etc.), the name of a social organization (including abbreviation, etc.), and the name (including pen name, stage name, translated name, etc.)", and the word (3) is clearly defined as " unauthorized use of the main part of the domain name, ** name, web page, etc., of which others have a certain influence", and added item (4) as a catch-all clause: "other confusing acts that are sufficient to mislead people to believe that they are the goods of others or have a specific connection with others".

The above amendments have changed the previous "well-known" to "have a certain influence", and the non-exhaustive list of misleading people in terms of trade name, packaging, decoration, name, name, domain name, web page, etc., is a confusing act, covering the common acts of confusing commercial marks in current practice, and adding a catch-all clause to prevent any omission. The amended Anti-Unfair Competition Law defines the scope of market confusion more accurately and increases the scope of application, that is, any act that can lead people to mistakenly believe that it is another person's goods or has a specific connection with another person is a confusion under the Anti-Unfair Competition Law.