How to determine acts of unfair competition online

Legal Analysis: Online Acts of Unfair Competition include: 1. Acts of using the Internet as a communication medium

Legal basis: "Anti-Unfair Competition Law of the People's Republic of China" Article 3 The people at all levels shall take measures to stop acts of unfair competition and create a favorable 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.

Article 4: The departments of the people's performance of administrative duties for industry and commerce at the county level or above are to investigate and deal with acts of unfair competition; Where laws and administrative regulations provide for investigation and handling by other departments, follow those provisions.

Article 5: The State encourages, supports, and protects all organizations and individuals in conducting societal oversight of acts of unfair competition. State organs and their staffs must not support or shield acts of unfair competition. Industry organizations shall strengthen industry self-discipline, guide and regulate members to compete in accordance with law, and maintain the order of market competition.

Article 19 of the "Measures for the Administration of Online Transactions" Online commodity operators and relevant service operators selling goods or services shall comply with the provisions of the "Anti-Unfair Competition Law" and other laws, and must not use unfair competition to harm the lawful rights and interests of other business operators or disrupt the social and economic order. At the same time, it is not allowed to use network technology or carriers to engage in the following unfair competitive activities:

1) Unauthorized use of domain names, names, or logos unique to well-known **, or use of domain names, names, or logos similar to well-known **, confusing them with others' well-known names**, causing consumers to misunderstand;

2) Using or forging the electronic logos of ** departments or social groups without authorization, and conducting misleading false publicity;

3) Using virtual items as prizes for first-class prize sales, and the agreed amount of virtual items in the online market exceeds the limit allowed by laws and regulations;

4) Enhancing the business reputation of oneself or others by means such as fictitious transactions or deletion of unfavorable reviews;

5) Damage the business reputation of competitors with malicious evaluations that contradict the facts after the transaction is concluded;

6) Other acts of unfair competition as provided for by laws and regulations.

According to Article 24 of the Law on the Arbitrary Disputes of the Anti-Unfair Competition Bureau, if a business operator violates the provisions of Article 12 of this Law and obstructs or destroys the normal operation of network products or services lawfully provided by other business operators, the supervision and inspection department shall order it to stop the illegal act and impose a fine of not less than RMB 100,000 but not more than RMB 500,000; where the circumstances are serious, a fine of between 500,000 and 3,000,000 RMB is to be given.

Legal basis] Article 6 of the Anti-Unfair Competition Law of the People's Republic of China.

Business operators shall not carry out the following confusing acts, leading people to mistakenly believe that they are the goods of others or have a specific connection with others:

1) Unauthorized use of marks that are identical or similar to the names, packaging, decorations, and so forth of others that have a certain degree of influence;

2) Unauthorized use of another person's influential enterprise name (including abbreviations, trade names, etc.), social organization names (including abbreviations, etc.), and names (including pen names, stage names, translated names, etc.);

3) Unauthorized use of the main body of a domain name, ** name, web page, etc., where others have a certain influence;

4) Other acts of confusion that are sufficient to lead people to mistakenly believe that they are the goods of others or that there is a specific connection with others.

Acts of unfair competition on the Internet include:

1. Operators violate regulations and engage in commercial bribery in production and business activities;

2. False publicity of products provided on the Internet that do not conform to the quality of the products themselves;

3. Slander and slander other people's products;

4. Plagiarizing other people's products.

[Legal basis].Article 2 of the Anti-Unfair Competition Law of the People's Republic of China.

In production and business activities, business operators shall follow the principles of voluntariness, equality, fairness and good faith, and abide by laws and business ethics. "Acts of unfair competition" as used in this Law refers to conduct by business operators in their production and business activities in violation of the provisions of this Law, disrupting the order of market competition, and harming the lawful rights and interests of other business operators or consumers. "Business operators" as used in this Law refers to natural persons, legal persons, and unincorporated organizations engaged in the production or sale of commodities or the provision of services (hereinafter referred to as "commodities include services").