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No rules why Cheng Fangyuan
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No rules why Cheng Fangyuan
September 2, 1992, the third meeting of the Eighth National People’s Congress adopted the ‘The People’s Republic of China Against Unfair Competition Law’. This is the economic legislation of the Republic of the history of an epoch-making significance, marking the state management of the socialist market economy rose to a new level. Must be actively involved in business as a competitive market economy the main body, and better understand and grasp the law, has already inevitable.
Market competition, ‘regardless of the Law’
Ju County, Shandong Province Winery’s ‘hi phoenix’ wine quality, pure, well received by consumers. Wendeng neighboring county wineries to see such a situation, it is playing the evil idea. They ‘hi phoenix’ paste brought bottles of wine, in addition to still use the factory ‘days Fukuyama’, trademarks, and will ‘phoenix’ read ‘the wind’ the word, the remaining intact paste it into their bottle. Poor wine quality of ‘hi Wind’ after the fish in wine on the market, resulting in great losses Juxian wineries. Juxian winery angrily warned officials, courts of first instance the right of trademark infringement qualitative judgments. However, the ‘hi wind’ liquor trade mark is ‘days Fukuyama’, different from the ‘hi phoenix’ wine mark, and according to ‘trademark’ registered trade mark has the exclusive right to approve only limited to registered trademark, it is clearly not first-instance ruling properly. However, the ‘hi Wind’ has really stolen the ‘hi phoenix’ bottles affixed decor, so that this brewery Juxian significant losses, must be investigated. Finally, the second-instance court in accordance with ‘Civil Law’ and the basic principles found such conduct is unfair competition, and made a decision. This is the ‘Anti-Unfair Competition Law’ before the introduction of China’s only a clearly stated the concept of unfair competition, and impose penalties of this decision.
Market transactions o
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