The People's Republic Of China Against Unfair Competition Law - Jewelry, Ornaments, Jewelry -

1993 9 2 of the Eighth National People's Congress adopted the third meeting of

the tenth People's Republic of Presidential Decree promulgated on Dec. 1, 1993 shall come into force)

Chapter I General Provisions First for the protection of the socialist market economy Health Development, encouraging and protecting fair Competition To stop unfair competition, protection of Operate And the legitimate rights and interests of consumers, this Law is enacted.

Second operator in the market transactions, should follow the voluntary, equality, fairness, good faith and observe generally recognized business ethics. Alleged unfair competition law, is operating in violation of provisions of this Law, damage the lawful rights and interests of other operators, disrupt social and economic order. The operators mentioned in this Law, is the profit in goods or services (hereinafter referred to goods including services) of legal persons, and other economic Organization And individuals.

Article governments at all levels shall take measures to stop acts of unfair competition, for fair competition and create a favorable environment and conditions. Industry and commerce administration departments above the county level on the monitor and investigate acts of unfair competition; laws and administrative regulations of other departments of supervision and inspection, in accordance with its provisions.

State shall encourage, support and protection of all organizations and individuals to carry out social supervision over unfair competition. State organs shall not support or cover up acts of unfair competition.

Chapter unfair competition Article operator shall not adopt the following unfair means to carry on market transactions, damage to competitors:

(A) of the counterfeiting of registered trademark;

(B) the unauthorized use of the well-known product-specific name, packaging, decoration, or use well-known products with similar names, packaging, decoration, resulting in a well-known goods of others confused, causing buyers to mistake them for the well-known commodity;

(C) the unauthorized use of another person's business name or names, introduction of mistaken goods of others;

(D) counterfeit goods, or falsely use authentication marks, famous product marks, falsifying the origin of the quality of goods that make false and misleading. Article

public enterprises or other operators having monopolistic status according to law shall not force others to buy the operator of the designated goods, to exclude other operators from competing fairly.

Article VII of the government and its subordinate departments may not abuse their administrative power to force others to buy goods of the operators designated to restrict other legitimate business activities of the operators. Government and its subordinate departments shall not abuse their administrative power to restrict foreign goods into the market, or the flow of local goods overseas market.

Article VIII shall not use property managers or other means to pay bribes to Sell Or buy merchandise.

In off-balance by giving secret rebates units or individuals to be punished bribery; other entity or individual, secretly accepts a kickback off-balance, and punished as taking bribes. The selling or buying of goods, can be expressly discount to the other party, you can commission to the middlemen. Discount operators to each other, to the commission to the middlemen, it should be so recorded. To accept a discount or commission operators must accurately recorded.

Shall not support the use Advertisement Or other methods, the quality of goods, Make Composition, performance, use, manufacturer, expiration date, origin, etc of the goods. An advertisement operator shall not knowingly or should have known of the situation, agency, design, production, publication of false advertising.

Article operator shall not adopt following means to infringe business secrets:

(A) the theft, inducement, coercion or other improper means to obtain the right to the commercial secrets;

(B) disclosing, using or allowing others to use a key means of obtaining the right to the commercial secrets;

(C) breach of contract or violation of rights of people to preserve the trade secret requirements, disclosure, use or allow others to use trade secrets in their possession. The third person knows or should know aforementioned violations, access, use or disclosure of trade secrets of others, as a violation of trade secrets. This alleged trade secrets, is not known to the public, can bring economic benefits for the right, functional, and are right to take security measures of technical information and management information.

Article operator shall not for the purpose of excluding competitors, to sell goods below cost. One of the following circumstances, are not acts of unfair competition:

(A) Selling fresh goods; (B) of the purchasers to the backlog of goods or other commodities;

(C) seasonal lowering of prices; (D) the debt, changing the line out of business selling cheaper goods.

Article XII of the selling of goods, the purchaser shall not be contrary to the wishes of tying goods or attach other unreasonable conditions.

Article XIII operator shall not engage in sales of the following prizes:

(A) by falsely prizes or intentionally chosen people to win sales with prizes attached by the fraudulent method;

(B) the use of promoting the sale of Zhicijiagao prizes of goods;

(C) the sale of lottery-style prize, the highest award of the amount of more than 5000 yuan.

Article XIV operator shall not utter or disseminate falsehoods to damage a competitor or the reputation, product reputation.

Article XV shall not tender bid-rigging, price up or down price. Tender and tender shall not collude to exclude competitors from fair competition.

Chapter III Supervision and Inspection 16th supervision and inspection departments above the county level acts of unfair competition can be carried out supervision and inspection. Article XVII

supervision and inspection departments in the supervision and inspection of unfair competition, the right to exercise the following powers:

(A) in accordance with prescribed procedures questioning the operators, interested parties and witnesses, and asked to provide evidence related to acts of unfair competition or other information;

(B) of the query, copy and unfair competition related agreements, invoices, documents, records, business correspondence and other information;

(3) Check the provisions of Article V of this Act property related to acts of unfair competition, if necessary, may be ordered to check the operators explain the source and quantity of the goods, temporarily stop selling them pending inspection, shall not transfer, conceal, destruction of the property.

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