1000 Business Lessons Every Businessman Must Know

Chapter 120 Common Sense of Transaction Order Law that Bosses Must Know (2)
(2) The principles of good faith and fair competition.When producers and operators compete, they should be honest and trustworthy. While pursuing their own interests, they should also take into account the interests of others and the interests of society. Legal rights and interests, do not bully the small with the big, and do not bully the weak with the strong.

(3) The principle of legal competition.Producers and operators must obtain business entity qualifications in accordance with the law to participate in market competition. The means, methods and content of competition must comply with the provisions of the law, and they must not engage in competition activities prohibited by the law.

(4) The principle of protecting small and medium-sized enterprises.my country's small and medium-sized enterprises are generally small in scale, less in capital, relatively backward in equipment, and their individual competitiveness is not strong, especially in economic competition with large enterprises, especially monopoly enterprises or multinational companies. The Competition Law focuses on the protection of the interests of small and medium-sized enterprises.

984 What acts of unfair competition are stipulated in the Anti-Unfair Competition Law

Chapter 2 of my country's "Anti-Unfair Competition Law" shares eleven articles and lists eleven types of unfair competition behaviors that are expressly prohibited by law.These acts of unfair competition can be roughly divided into two major types:

一类是违背诚实信用和公平原则的妨碍公平竞争的行为，属狭义的不正当竞争行为。这类不正当竞争行为主要包括：假冒或仿冒行为（第5条）；商业贿赂行为（第8条）；引人误解的虚假宣传行为（第9条）；侵犯商业秘密行为（第10条）；不正当有奖销售行为（第13条）；商业诽谤行为（第14条）等。

另一类是妨碍市场机能的限制竞争行为，主要是指经营者滥用经济优势或者几个经营者通过协议等方式损害竞争对手利益的行为。从广义上讲、限制竞争行为也属于不正当竞争行为。这类行为主要包括：公用企业和独占经营者的限制竞争行为（第6条）；滥用行政权力限制竞争行为（第7条）；压价销售排挤竞争对手的行为（第11条）；搭售和附加不合理条件交易行为（第12条）；招标投标中相互勾结排挤竞争行为（第15条）。

985. Fraudulent market transactions

Fraudulent market transactions refer to the use of the marks and commercial reputation of commodities by operators to engage in market transactions by counterfeiting, counterfeiting and other deceptive means, causing the public to misunderstand the quality and origin of counterfeit commodities, thereby seeking illegal benefits and damaging behavior of competitors. The Anti-Unfair Competition Law lists the following fraudulent market transactions:
(1) The act of counterfeiting the registered trademark of others.Counterfeiting another's registered trademark means that the operator uses the same or similar trademark as the registered trademark without the permission of the registered trademark owner, so as to cause others to misunderstand and obtain economic benefits from it.

(2) Unauthorized use of the unique name, packaging, and decoration of well-known commodities, or the use of names, packaging, and decorations similar to well-known commodities, causing confusion with other well-known commodities, and making buyers mistakenly believe that it is the well-known commodity.

(3) Unauthorized use of another person's business name or name, making people mistakenly think that it is another person's product.

(4) Forging or fraudulently using certification marks, famous and high-quality marks and other quality marks on the goods, forging the place of origin, and making misleading and false representations of the quality of the goods.

986. Commercial bribery
Commercial bribery means that in order to promote or purchase commodities, business entities such as enterprises secretly provide property or other benefits to the person in charge of the counterparty to the transaction, the business manager, and other persons with decision-making power over the transaction. In order to facilitate business transactions, squeeze out competitors, and thus occupy the market.Commercial bribery has the following characteristics:

1. Subjective and objective features

The perpetrator of commercial bribery is subjectively intentional, with the purpose of crowding out competitors, and objectively pays individuals in secret. sex.

2. Features on the object
The object of commercial bribery is the individual who has a decisive influence on the transaction of the transaction project, usually the manager, procurement personnel, agent, etc. of the counterparty to the transaction, and sometimes government officials involved in the business activity, but does not include independent intermediary.

3. Formal features
The income and remuneration paid to the object of commercial bribery are different from the preferences provided in general business practices. It can be expressed as providing property, subsidizing children to go abroad or travel to other places, and paying for travel expenses, etc.

4. Methodological features
Commercial bribery is generally carried out secretly outside the accounts, which violates the country's laws and regulations on finance, accounting, and clean government.

987. Violation of commercial secrets
According to the provisions of Article 10 of the "Anti-Unfair Competition Law" and the State Administration for Industry and Commerce's "Several Provisions Concerning the Prohibition of Infringement of Commercial Secrets", the violations of commercial secrets include the following types:

1. Obtaining the obligee's commercial secrets by theft, inducement, coercion or other improper means.The purpose of this provision is mainly to prohibit others from using improper means to obtain the trade secrets of the obligee. The acquisition itself is illegal, and it does not need to wait until it is disclosed and used to be illegal.

2. Disclosing, using or allowing others to use the previous means to obtain the obligee's business secrets.If the infringer obtains other people's trade secrets by using the above-mentioned improper means, then the following acts are also illegal.

Disclosure of trade secrets means that the infringer discloses the illegally obtained trade secrets to others.

Using other people's business secrets means that the infringer uses other people's business secrets in various useful ways.This use may be related to production activities, such as using technical secrets to produce products, etc.; it may also be related to business activities, such as using other people's commercial secrets to make sales plans for one's own products, etc.Even if the use of other people's trade secrets is not easy to be detected from the outside, it does not affect the illegality of the use.

3. Units and individuals that have a business relationship with the obligee disclose, use or allow others to use the obligee's business secrets in their possession in violation of the contract or in violation of the obligee's requirements for keeping commercial secrets.

4. Employees of the obligee disclose, use or allow others to use the obligee's commercial secrets in their possession in violation of the contract or the obligee's requirement to keep commercial secrets.

988. False advertising
False advertising is the misleading and false advertising by advertisers of the performance, origin, use, quality, price, producer, validity period, content, form, quality, price, etc. of the goods they promote, in order to exclude , Suppress competitors in the same industry.Most of these are acts of making something out of nothing, putting on a crown, exaggerating, concealing the facts, and playing tricks.The specific performance is as follows:
(1) False in advertising.Fabricate the place of production and the producer of the product to open up the market and drive up the price; or in terms of product quality, pass the fake as the real one, and the inferior one as the good one.

(2) Belittle others' products or services to promote yourself.For example, some advertisers usually instruct others to write articles and reports to seize a certain point of the opponent to make a big fuss.

(3) Forging award certificates or other certificates in advertisements.For example, pretending that the product has won an international gold award and reached the national standard, so as to publicize that the product is "No. [-] in the country" and "No. [-] in the world" to achieve the purpose of deception.

(4) Advertisements that do not have the qualifications for inserting advertisements but are inserted.

(5) Concealing facts or exaggerating in advertisements.Such as calling their products "superlative", "extreme", "best", "national level" and so on.

(6) The products shown in advertisements or exhibitions do not match the actual products produced by the enterprise.In order to better sell products or services, some operators show some sophisticated, high-quality and low-cost products in the exhibition and on the upper layer of advertisements, but they do not actually have such products or services.

(7) Exaggerating the impact of the product in advertisements or other occasions to make consumers credulous and cause misunderstandings.If some products are only sold domestically, they are said to have been exported and become foreign exchange-earning products.

(8) Sensationalism does not match the reality.For example, the product was originally unsalable in the market, but insisted that the product was in short supply and loved by consumers.

989. Selling at lower prices

The so-called low-price sales to crowd out competitors refers to the unfair competition behavior in which operators deliberately sell certain commodities at a price below cost in a certain range of markets and within a certain period of time in order to crowd out competitors.Legitimate price competition is based on measures such as improving technology, reducing consumption, and reducing costs, and based on factors such as market supply and demand, self-development strategies, and other factors, selling commodities above cost prices.For example, several price reduction sales activities of "Changhong" color TVs in recent years have triggered fierce competition in the domestic color TV market, and some small and medium-sized color TV manufacturers have been forced to close down. different.

Selling goods at a price below cost is permissible if there are justifiable reasons, not for the purpose of crowding out competitors.Paragraph 2 of this article makes an exception to this.Under any of the following circumstances, even if the goods are sold at a price lower than the cost, the law does not recognize it as an act of unfair competition:
1. Sell fresh goods.Fresh and live commodities are not easy to preserve. It is completely reasonable for operators to sell fresh and live commodities at low prices according to the weather and their own operating conditions, so as to avoid rot and deterioration and cause greater losses.

2. Deal with commodities whose expiry date is about to expire or other backlogged commodities.It is permissible and legitimate for operators to reduce prices in advance to avoid losses caused by expired commodities or scrapped commodities.

3. Seasonal price cuts.It is reasonable for operators to cut prices after the peak sales season to prevent a backlog of goods and affect capital turnover.

4. Sales of goods at reduced prices due to debt repayment, change of production, or closure of business.This is a reasonable measure taken by the operator to solve its own difficulties, which is permitted by law.

payment. "

990 Legal Responsibilities for False Advertisement Behavior
Combined with the relevant provisions of my country's "Anti-Unfair Competition Law", "Advertising Law", "General Principles of Civil Law" and "Criminal Law", there are three types of legal responsibilities for false advertising, namely civil legal liability, administrative legal liability and criminal legal liability .The breakdown is as follows:
1. Civil legal liability.

(1) Responsibility for compensation to consumers.

First, it is responsible for repairing, replacing, and returning goods, and is responsible for refunding service fees for services.If the performance, purpose, quality, price, etc. of the purchased goods do not conform to the content of the advertisement, consumers may request to return the goods or refund the service fee.

Second, compensation for losses.If the goods sold or services provided by the advertiser do not conform to the various representations made in the advertisements and cause losses to consumers, the consumers have the right to demand compensation from the advertiser for the losses.

(2) Liability for compensation to other operators.According to Article 20 of the "Anti-Unfair Competition Law", if an operator violates the provisions of this Law and causes damage to the infringed operator, he shall be liable for compensation.If the loss of the infringed business operator is difficult to calculate, the amount of compensation shall be the profit obtained by the infringer during the infringement period; and the infringed business operator shall be responsible for the investigation of the business operator’s unfair competition that infringes its legitimate rights and interests. reasonable expenses.

2. Administrative legal responsibility.

According to Article 24 of the "Anti-Unfair Competition Law", if a business operator uses advertisements or other methods to make misleading and false advertisements for products, the supervision and inspection department shall order it to stop the illegal act and eliminate the impact, and may be fined 1 A fine of not less than 20 yuan but not more than [-] yuan; if an advertising operator, knowingly or should have known, acts as an agent, designs, produces, or publishes a false advertisement, the supervision and inspection department shall order it to stop the illegal act, confiscate the illegal income, and impose a fine.This is the provision of administrative legal responsibility for false advertising.

3. Criminal legal liability.

If an advertiser broadcasts a false advertisement and the circumstances are serious enough to constitute a crime; or if the advertising operator, the advertisement publisher and the advertiser collude maliciously and jointly constitute a crime, the judiciary shall investigate their criminal responsibility in accordance with the provisions of the Criminal Law.

(End of this chapter)