How to determine improper competition?Zhejiang legislation is clear
Author:Zhejiang Daily Time:2022.07.29
Zhejiang News Client Intern Zhu Lingyao Reporter Jiang Xinru
Source: Visual China
Is it illegal to buy a water army to slander competitors? Is it illegal to provide the service behind false propaganda?
On July 29, the 37th meeting of the Standing Committee of the 13th Provincial People's Congress reviewed and approved the "Zhejiang Provincial Anti -Unfair Competition Regulations" to refine the rules for uniform competition such as business slander and false business publicity.
As an e -commerce province, Zhejiang regulations clearly stipulate the responsibility of e -commerce platforms. The requirements of the regulations must further clarify the corresponding management responsibilities of the platform operator to the order of the platform. The platform should clarify the rules of fair competition in the service agreement and trading rules as the basis for coordinating the unfair competition disputes in the platform.
In recent years, live broadcasts have risen. In order to publicize their products, they "pull down" competitors' products to promote their products, and have fabricated false information of competitors without authorization, and some also hire the "Water Army", which constitutes a business slander.
In response to this line, the regulations are clear, and prohibitively regulations on the behavior of fabricating, disseminating false or misleading information to other people's fabrication, dissemination, or misleading information. Fined fines of less than 3 million yuan.
The regulations clarify the definition of confusion. Use the same or similar logos such as the name, packaging, and decoration of the product name, packaging, and decoration without authorization. Use the domain name main part with a certain impact of others, and use the well -known trademarks that others have not registered. Both are confusing behaviors.
Considering that there is a possibility of confusion that the commodity does not know, the new regulations stipulate whether the sales should be distinguished when the sales are confused. If you do n’t know that there is a confusion in the sales of the goods, and it can prove that the product is legally obtained and explained the provider, the supervision and inspection department is ordered to stop the sales.
However, for false business propaganda, no matter whether it is a propagandist or a "accomplice" behind it, one cannot escape!
The regulations stipulate that the operator knows that other operators should carry out false propaganda, and still provide them with conditions such as organizational, planning, production, etc., or provide conditions such as operational venues and tools. They are also identified as helping other operators to carry out false publicity.
At the same time, the regulations are clear that operational violations of business secrets stipulated in the anti -unfair competition law shall not be implemented. However, the products obtained from open channels to obtain technical information through technical means to obtain technical information such as disassembling, surveying and mapping, and analysis.
The regulations also stipulate the business bribery behavior.
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