AntiUnfairCompetitionLawofthePeople.docVIP

Anti Unfair Competition Law of the Peoples Republic of China [adoption date: 1993-09-02] [effective date: 1993-12-01] Chapter One General Provisions Article 1 This law is drawn up in order to safeguard the healthy development of the socialist market economy, encourage and protect fair market competition, prohibit unfair competition, safeguard the legal rights and interests of managers. Article 2 Managers shall abide by the principle of voluntariness, equality, impartiality, honesty and good faith, and also adhere to public commercial moral in their business transactions. Unfair competition, in this Law, means activities made by managers who damage the others legal rights and interests, disturbe the order of social economy and violate the provisions of this Law. Manager, in this Law, means the legal person, the other economic organisations and individuals who deal with commercial business or profitable service (commodities in this Law in hereafter as to commodity which includes service). Article 3 The governments in all levels shall adopt methods to prohibit unfair competition and to create the sound environment and conditions for fair competition. The Bureaus of Industrial and Commercial Management of the Peoples Government over the county level supervise unfair competition, except for the supervision made by the other organisations in accordance with the provisions of the other laws or regulations. Article 4 The State shall encourage, support and safeguard all organisations and individuals to carry out social supervising for unfair competition. Officials in the State organs should not support or shield unfair competition. Chapter Two Activities of Unfair Competition Article 5 Managers should not use the following unfair methods in their business transactions which can damage other competitors: 1. to feign the others registered trade mark; 2. to use the specific name, package, decoration of the famous or noted commodities, or use a simil