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中华人民共和国反不正当竞争法(2017修订)英文版

2017年11月08日14:18 北大法宝 评论字号:T|T

核心提示:中华人民共和国反不正当竞争法(2017修订)

  Anti-Unfair Competition Law of the People's Republic of China (2017 Revision)

  Order of the President of the People's Republic of China

  (No. 77)

  The Anti-Unfair Competition Law of the People's Republic of China, as revised and adopted at the 30th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on November 4, 2017, is hereby issued, and shall come into force on January 1, 2018.

  President of the People's Republic of China: Xi Jinping

  November 4, 2017

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

  (Adopted at the 3rd Session of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on September 2, 1993, and revised at the 30th Session of the Standing Committee of the Twelfth National People's Congress on November 4, 2017)

  Contents

  Chapter I General Provisions

  Chapter II Acts of Unfair Competition

  Chapter III Investigation of Suspected Acts of Unfair Competition

  Chapter IV Legal Liability

  Chapter V Supplemental Provision

  Chapter I General Provisions

  Article 1 This Law is enacted for the purposes of promoting the sound development of the socialist market economy, encouraging and protecting fair competition, preventing acts of unfair competition, and safeguarding the lawful rights and interests of businesses and consumers.

  Article 2 Businesses shall, in their production and distribution activities, adhere to the free will, equality, fairness, and good faith principles, and abide by laws and business ethics.

  For the purposes of this Law, "act of unfair competition" means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

  For the purposes of this Law, "business" means a natural person, a legal person, or a non-legal person organization that engages in the production or distribution of commodities or the provision of services (commodities and services are hereinafter collectively referred to as “commodities”).

  Article 3 The people's governments at all levels shall take measures to prevent acts of unfair competition and create an environment and conditions favorable for fair competition.

  The State Council shall establish a coordination mechanism of anti-unfair competition work to research and decide major anti-unfair competition policies and coordinate the handling of major issues on maintaining the order of market competition.

  Article 4 The departments performing the functions of industry and commerce administration of the people's governments at and above the county level shall investigate and dispose of acts of unfair competition, unless a law or administrative regulation requires any other department to do so.

  Article 5 The state encourages, supports, and protects public scrutiny, from all organizations and individuals, of acts of unfair competition.

  State organs and their employees shall not support or harbor acts of unfair competition.

  Industry organizations shall strengthen industry self-regulation, provide guidance and rules for their members to compete according to the law, and maintain the order of market competition.

  Acts of Unfair Competition

  Article 6 A business shall not commit the following acts of confusion to mislead a person into believing that a commodity is one of another person or has a particular connection with another person:

  (1) Using without permission a label identical or similar to the name, packaging or decoration, among others, of another person's commodity with certain influence.

  (2) Using without permission another person's name with certain influence, such as the name (including abbreviations and trade names) of an enterprise, the name (including abbreviations) of a social organization, or the name (including pseudonyms, stage names and name translations) of an individual.

  (3) Using without permission the principal part of a domain name, the name of a website, or a web page with certain influence, among others, of another person.

  (4) Other acts of confusion sufficient to mislead a person into believing that a commodity is one of another person or has a particular connection with another person.

  Article 7 A business shall not seek transaction opportunities or competitive edges by bribing the following entities or individuals with property or by any other means:

  (1) An employee of the other party to a transaction.

  (2) The entity or individual authorized by the other party to a transaction to handle relevant affairs.

  (3) An entity or an individual that uses power or influence to affect a transaction.

  A bribery committed by an employee of a business is deemed to have been committed by the business, unless the business has evidence that the act of the employee is irrelevant to seeking a transaction opportunity or competitive edge for the business.

  Article 8 A business shall not conduct any false or misleading commercial publicity in respect of the performance, functions, quality, sales, users' comments, and honors received of its commodities, in order to defraud or mislead consumers.

  A business shall not help another business conduct any false or misleading commercial publicity by organizing false transactions or any other means.

  Article 9 A business shall not commit the following acts of infringing trade secrets:

  (1) Acquiring a trade secret from the right holder by theft, bribery, fraud, coercion, or any other illicit means.

  (2) Disclosing, using, or allowing another person to use a trade secret acquired from the right holder by any means as specified in the preceding subparagraph.

  (3) Disclosing, using, or allowing another person to use a trade secret under its control in violation of an agreement or the requirements of the right holder for confidentiality of trade secrets.

  Where a third party knows or should have known that an employee or a former employee of the right holder of a trade secret or any other entity or individual has committed an illegal act as specified in the preceding paragraph but still acquires, discloses, uses, or allows another person to use the trade secret, the third party shall be deemed to have infringed the trade secret.

  For the purposes of this Law, "trade secret" means technology or business information unknown to the public and of a commercial value for which the right holder has taken corresponding confidentiality measures.

  Article 10 A business's premium campaign shall not fall under the following circumstances:

  (1) The information on the types of premiums, conditions for claiming premiums, amount of a prize, or premiums, among others, in the premium campaign is ambiguous, affecting a claim for a premium.

  (2) Conducting a premium campaign by offering non-existent premiums or intentionally pre-determining premium winners.

  (3) In the case of a lottery-based premium campaign, the amount of the top prize exceeds 50,000 yuan.

  Article 11 A business shall not fabricate or disseminate false or misleading information to damage the goodwill or product reputation of a competitor.

  Article 12 A business engaging in production or distribution activities online shall abide by the provisions of this Law.

  No business may, by technical means to affect users' options, among others, commit the following acts of interfering with or sabotaging the normal operation of online products or services legally provided by another business:

  (1) Inserting a link or forcing a URL redirection in an online product or service legally provided by another business without its consent.

  (2) Misleading, defrauding, or forcing users into altering, shutting down, or uninstalling an online product or service legally provided by another business.

  (3) Causing in bad faith incompatibility with an online product or service legally provided by another business.

  (4) Other acts of interfering with or sabotaging the normal operation of online products or services legally provided by another business.

  Chapter III Investigation of Suspected Acts of Unfair Competition

  Article 13 The supervisory inspection departments may take the following measures in investigating suspected acts of unfair competition:

  (1) Entering business premises suspected of acts of unfair competition for inspection.

  (2) Questioning businesses, interested persons, and other relevant entities and individuals under investigation, and requiring them to provide relevant explanations or other materials relating to the acts under investigation.

  (3) Consulting or duplicating agreements, account books, documents, files, records, business letters, and other materials relating to the suspected acts of unfair competition.

  (4) Seizing or impounding property relating to the suspected acts of unfair competition.

  (5) Inquiring about the bank accounts of businesses suspected of acts of unfair competition.

  Before the measures in the preceding paragraph are taken, a written report shall be filed with the primary person in charge of the supervisory inspection department for an approval.

  Before the measures in subparagraphs (4) and (5) in the preceding paragraph are taken, a written report shall be filed with the primary person in charge of the supervisory inspection department of the people's government at or above the level of a districted city for an approval.

  The supervisory inspection departments shall abide by the Administrative Compulsion Law of the People's Republic of China and other relevant laws and regulations in their investigations of suspected acts of unfair competition, and disclose the investigation and disposition results to the public in a timely manner.

  Article 14 When the supervisory inspection departments investigate suspected acts of unfair competition, the businesses, interested persons, and other relevant entities and individuals under investigation shall faithfully provide relevant materials or information.

  Article 15 The supervisory inspection departments and their employees shall have an obligation to keep the trade secrets known in their investigations confidential.

  Article 16 Any entity or individual shall have the right to report a suspected act of unfair competition to the supervisory inspection department, which shall process the report in a timely manner as legally required after receiving it.

  The supervisory inspection departments shall publish their telephone numbers, mailing boxes, or e-mail addresses for receiving reports, and keep informants confidential. In the case of a report with the informant choosing not to withhold its identity and with relevant facts and evidence provided, the supervisory inspection department shall notify the informant of the disposition result.

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