Judicial Interpretation 2022 of the Anti-Unfair Competition Law
The following is some interpretation of the judicial interpretation of the Anti-Unfair Competition Law of 2022: ** I. Determination of "other operators"** Market entities that may compete for trading opportunities and damage competitive advantages in production and operation activities can be identified as "other operators". This definition helps to clarify the scope of the main body in the anti-unfair competition legal relationship, and more subjects with potential competitive relationships are included in the scope of regulation. ** 2. Judgment of "Business Morality"** A code of conduct that is generally followed and recognized in a particular business field can be identified as "business ethics." However, when judging whether an operator violated business ethics, it could not be simply equated with daily moral standards, but should be considered in combination with the specific circumstances of the case, including industry rules or business practices, the subjective state of the operator, the willingness to choose the counterparty, the influence on consumers 'rights and interests, market competition order, social public interests, etc., and could also refer to the industry authorities, industry associations or self-discipline organizations. Professional norms, technical norms, self-discipline conventions, etc. ** 3. Regarding the identification of the "influential" logo ** 1. ** Identification factors ** - Marks with a certain market reputation and distinctive features that distinguish the source of goods can be identified as "influential" marks as stipulated in article 6 of the Anti-Unfair Competition Law. When determining, factors such as the degree of knowledge of the relevant public in China, the time, region, amount, and target of the sale of the goods, the duration, degree, and geographical scope of the publicity, and the protection of the logo should be considered. 2. ** Lacking distinctive markings ** - The common name, pattern, and model of the commodity; the labels that directly represent the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the commodity; the shapes that are only produced by the nature of the commodity itself, the shapes that are needed to obtain technical effects, and the shapes that make the commodity have substantial value; Other labels that lack distinctive features usually do not have distinctive features that distinguish the source of the commodity. However, if the marks specified in Items 1, 2, and 4 of the previous paragraph have obtained distinctive features through use and have a certain market reputation, the parties concerned shall be supported if they request protection in accordance with the provisions of article 6 of the Anti-Unfair Competition Law. ** IV. The proper use of the logo ** 1. It contains the common name, pattern, and model of the commodity; directly indicates the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the commodity; contains labels such as place names. If it is used reasonably because of objective description and explanation of the commodity, the party concerned should not support the claim that it belongs to the situation stipulated in article 6 of the Anti-Unfair Competition Law. 2. The logo or its distinctive parts as stipulated in article 6 of the Anti-Unfair Competition Law belong to the logo that cannot be used as a trademark as stipulated in the first paragraph of article 10 of the trademark law. If the party requests to be protected according to article 6 of the Anti-unfair Competition Law, it shall not be supported. ** 5. Identification of "decoration" and "company name"** 1. The overall business image with a unique style formed by the decoration of the business premises, the style of business appliances, and the clothing of the sales personnel can be recognized as "decoration" as stipulated in the first paragraph of article 6 of the Anti-Unfair Competition Law. 2. The name of the enterprise registered by the market entity registration management department according to law, as well as the name of the overseas enterprise used for commercial use in China, can be recognized as the "enterprise name" stipulated in the second paragraph of article 6 of the Anti-Unfair Competition Law. The names of individual industrial and commercial households, farmers 'professional associations (associations), and other market entities (including the name, name, etc.) that have certain influence may also be recognized in accordance with Item 2 of article 6 of the Anti-Unfair Competition Law. 3. In China, the use of labels with certain influence on commodities, commodity packaging or containers, commodity trading documents, or advertising, exhibition, and other commercial activities to identify the source of commodities can be regarded as "use" as stipulated in article 6 of the Anti-Unfair Competition Law. Read more exciting novels for free
Anti-domestic violence judicial interpretation
The following are some relevant judicial explanations against domestic violence: - If the party concerned is subjected to domestic violence or is facing the real danger of domestic violence and applies to the people's court for a personal safety protection order in accordance with the Anti-domestic Violence Law, the people's court shall accept the application and apply to the court for a personal safety protection order without the condition of filing a civil lawsuit such as divorce. - If the party concerned is unable to apply for a personal safety protection order due to old age, disability, serious illness, etc., his close relatives, public security organs, civil affairs departments, women's associations, residents 'committee, villagers' committee, disabled persons 'associations, elderly organizations established according to law, rescue and management agencies, etc., according to the wishes of the party concerned and in accordance with the relevant provisions of the Anti-domestic Violence Law, the court shall accept the application according to law. - Physical or mental aggression between family members through starvation or frequent insults, slander, threats, stalking, harassment, etc. shall be recognized as "domestic violence" as stipulated in article 2 of the Anti-domestic Violence Law. - In the Anti-domestic Violence Law,"people living together other than family members" generally included daughter-in-law, son-in-law, parents-in-law, parents-in-law, and other people who had custody, foster care, and other relationships. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
What are the types of crimes for violating the Anti-Unfair Competition Law?
The unfair competition behaviors listed in the Anti-Unfair Competition Law include commercial confusion, commercial bribery, false publicity, violation of trade secrets, commercial defamation, unfair sales with prizes, unfair competition on the Internet, etc. Some of the acts of unfair competition may involve crimes, such as the crime of violating trade secrets. However, the specific type of crime may still need to be based on the relevant provisions of the criminal law, such as the crime of colluding in bidding (bidders collude with each other to bid prices, damaging the interests of the bidder or other bidders, or bidders collude with bidders to bid, damaging the legitimate rights and interests of the country, collectives, and citizens, and the circumstances are serious). These behaviors mainly involved the types of crimes that damaged the normal market competition order and the legitimate rights and interests of other operators or consumers. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What are the forms of anti-unfair competition systems?
From the perspective of the formal origin of the law, the Anti-Unfair Competition Law has the difference between formal meaning and substantial meaning. The anti-unfair competition law in the formal sense refers to the written law named "Anti-unfair Competition Law" or similar names, such as the Anti-unfair Competition Law of 1913 in Greece, the Federal Anti-unfair Competition Law of 1923 in Austria, the Suppression of Unfair Competition Law of 1926 in Poland, and the Unfair Competition Protection Law of 1934 in Japan. There were three types of competition laws in various countries: 1. Separation: the anti-unfair competition law and the anti-monopoly law will be enacted separately. The typical countries were Germany and Japan. The current competition law in Germany was mainly stipulated in the Anti-Unfair Competition Act of 1909 and the Anti-Restriction of Competition Act of 1957, while Japan had the Law on the Protection of Unfair Competition of 1934 and the Law on Prohibiting Private Monopoly and ensuring Fair Trade of 1947. 2. Unification: combining the anti-unfair competition law and anti-monopoly law to regulate the acts that violate fair competition, and formulate a market competition law to regulate unfair competition, unfair monopoly, and restriction of competition. For example, the Law on Prohibiting Unfair Market Practice and Restricting Competition enacted in 1996 and the Fair Trade Law enacted in 1991 China Taiwan. 3. Mixed type: The reference material did not mention the specific content of the mixed type. In addition, China has established the Inter-Ministry Joint Conference on Anti-Unfair Competition (released on November 12,2020), and constantly promote the improvement of anti-unfair competition system rules, such as improving the system for business confusion, false publicity, commercial bribery, online unfair competition and other problems that are more prominent in the business entities, increasing the illegal cost of unfair competition, strengthening the protection of the legitimate rights and interests of various business entities, etc. are also part of the anti-unfair competition system. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What are the types of anti-unfair competition systems?
There are many types of anti-unfair competition systems, mainly as follows: 1. ** System for Confusion Techniques **: To regulate the use of counterfeit or counterfeit means to engage in market transactions and damage competitors, such as impersonating other people's registered trademark; to use the unique name, packaging, and decoration of well-known commodities without authorization, or to use the name, packaging, and decoration similar to well-known commodities to cause confusion; to use the name of another person's enterprise or name without authorization to cause others to mistake it as another person's commodity; Forging or falsely using certification marks, famous and high-quality marks and other quality marks on the goods, forging the origin of the goods, and making misleading false statements about the quality of the goods. 2. ** Regulations on commercial bribery **: Restrictions on bribery in commercial activities. 3. ** System on false publicity **: To regulate misleading false publicity. 4. ** Trade Secret Protection System **: It is designed to prevent the violation of trade secrets. 5. ** Price related system **: For example, to regulate the behavior of the operator to sell goods at a price lower than the cost for the purpose of excluding competitors. 6. ** System of contingent transactions **: Restricting unfair competition in contingent transactions. 7. ** Reward sales system **: Normalize reward sales that violate the regulations. 8. ** Reputation damage system **: prevent actions that damage the reputation of competitors. 9. ** Tendering System **: Restrain unfair competition in bidding. 10. ** Forced Trading System **: This is an act of forcing transactions against public enterprises or other operators with exclusive status according to law. 11. ** Regulations on Administrative Power Restrictions on Competition **: To prevent the government and its subordinate departments from abusing their administrative power to restrict competition. In addition, with the development of the new economy, new business forms, and new models, the anti-unfair competition system for the digital economy and business entities with advantageous positions is also constantly being improved. For example, new types of unfair competition behaviors are added, and the regulation rules for unfair competition on the Internet are improved to cope with the emerging new unfair competition models and means. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What are the contents of the judicial interpretation of the crime of online fraud?
According to the "Supreme People's Court, Supreme People's Court, and Ministry of Public Security's opinions on several issues concerning the application of laws in handling criminal cases such as online fraud"(the "opinions"), the following are some of the contents of the judicial interpretation of the crime of online fraud: 1. definition: Internet fraud refers to the act of swindling money through the Internet, mobile Internet applications, and other online platforms. 2. The object of online fraud is public and private property, including personal property and company and corporate property. 3. The main body of online fraud is a company, enterprise or other organization with legal business qualifications. If an individual implements online fraud, the main body of the company, enterprise or other organization shall prevail. 4. Subjective aspect: The subjective aspect of online fraud is intentional, that is, knowing that your actions will have the effect of fraud and hoping or letting this result happen. Forms of manifestation: The forms of online fraud include fictional facts, concealing the truth, swindling property, squandering possession, etc. 6 amount standard: According to the "opinion", the amount of online fraud is as follows: (1)If the amount of personal fraud is more than 5000 yuan, the amount is relatively large; (2)If the amount of personal fraud was more than 30000 yuan, it would be considered a huge amount. (3)A company, enterprise, or other organization that swindled more than 10 million yuan was considered a huge amount. 7. Plot and consequences: The plot of online fraud includes intentional fraud, repeated fraud, and a huge amount of fraud. The consequences include causing property damage to the victim, mental damage, and affecting social stability. 8. Filing standards: According to the "opinions", the crime of online fraud should be based on the specific circumstances and the amount of fraud. It should be noted that the scope of the crime of online fraud is relatively wide. The judicial interpretation only lists some common types of online fraud crimes. For other types of online fraud crimes, corresponding provisions should be made according to relevant laws and regulations.
On the significance of the legal system against unfair competition
The legal system against unfair competition is of great significance in many aspects. From the perspective of maintaining market order, it regulated the competitive behavior between operators. In the market economy, competition is everywhere. Without effective regulation, unfair competition will be rampant, such as false propaganda, confusion, etc., which will destroy the normal competitive ecology of the market. The anti-unfair competition legal system can ensure that the market competition is carried out in a fair and orderly framework through clear rules. In terms of protecting the rights and interests of operators, when there is unfair competition in the market, the legitimate interests of operators are often violated. For example, some operators obtain benefits by copying other people's corporate names or commercial labels. In this case, the Anti-Unfair Competition Law can provide protection for legitimate operators from unfair competition. For the protection of consumer rights, unfair competition could mislead consumers. For example, false publicity would cause consumers to have a wrong perception of the quality and performance of goods. The anti-unfair competition legal system could prevent such misleading behavior from happening and ensure that consumers could make consumption decisions in a fair and real market environment. In short, the anti-unfair competition legal system is an important legal guarantee to ensure the healthy development of the social market economy, encourage and protect fair competition, stop unfair competition, and safeguard the legitimate rights and interests of operators and consumers. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Anti-monopoly, unfair, high price standards
In the practice of law enforcement in our country, due to factors such as cost accounting, profit margin definition, and difficulty in determining related products in price comparison, there are many practical difficulties in determining unfair high prices, such as complex cost calculation, vague definition of profit margin, unclear selection criteria of related products, etc., which leads to the vague and simple framework for determining unfair high prices. In terms of perfecting the specific rules, we can try to construct a two-step analysis framework for the analysis of unfair high prices: the first step is to analyze whether the price is too high by "cost-profit"; the second step is to compare various benchmark prices with the price under investigation to determine whether the price is unfair. In the field of standard essential patents, whether the license price of the standard essential patent holder is too high is one of the key factors to determine whether it implements the abuse of market dominance behavior of "unfairly high price license". The specific manifestations and determining factors include: (1) whether the two parties have conducted good faith license negotiations according to relevant guidelines;(3) Whether the license fee is significantly higher than the historical license fee or license fee standard that can be compared;(4) Whether the license fee exceeds the geographical scope or the scope of products covered by the standard essential patent;(5) Whether the license fee is charged for expired or invalid standard essential patents or non-standard essential patents;(7) Whether the standard essential patent holder has made repeated charges through a non-patent implementing entity. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Anti-fraud Competition
In 2021, the police in Haikou launched the "National Anti-fraud and Protection of Peace" 2021 Haikou Anti-Fraud Short videos and Poster Collection Competition. The purpose of the competition was to spread the knowledge of preventing fraud on the telephone network and enhance the ability of the public to recognize fraud, anti-fraud and anti-fraud. The Short videos group and the poster group would each have one first prize, two second prizes, three third prizes, and a number of excellent prizes. The prizes included the latest Huawei laptop and Djiang drone. The competition would last from April 14th to mid-June 2021. Requirements: - The Short videos required a novel concept and clear images. The content could be about general legal knowledge and other aspects. There was no limit to the format. The duration was between 15 seconds and 1 minute and 30 seconds. The file format could be MPPG, MP4, FLV, etc. - The poster required a resolution of no less than 300dpi. It could be either horizontal or vertical. The format was JPG. It was intuitive and the text was self-made. The entries must be original, and the submitting unit or individual must have complete copyright. The organizer of the event had the right to use the works. Method of submission: - After the participants create their works, they need to post on Weibo or TikTok with the topic #2021 Haikou Anti-Fraud Competition,@ HaikTok Public Security (Weibo) or @ HaikTok Police (TikTok), and simultaneously choose one of the following methods to submit their works: - Complete the registration form for the Haikou Network Fraud Protection Short videos/Poster Collection Competition. After the form is completed, send it together with the work to the email address of zhengji @ hnntv.cc. The subject of the email indicates the relevant content. - Burn the work together with the registration form onto a CD or copy it to a USB flash drive, and mail it to the designated address (Hainan Online Radio and Television Station, No. 71, Nanshan Road, Haikou City, Hainan Province). Contact Ms. Zhang, contact number: 18434370566, zip code: 570206 (The delivery will be rejected. The Organizing Committee will not be responsible for the loss of the work due to special reasons during the mailing process). The works would be publicized on Weibo and other platforms such as "Haikou Public Security" and relevant media outlets of Hainan Radio and Television. The voting links would be opened, and the public would vote for the selection. The review committee would evaluate the overall results. The winning situation would be announced and promoted on multiple online media. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Can a non-law undergraduate take the judicial exam?
Non-law students could take the judicial examination. According to the implementation measures of the national unified legal professional qualification examination, those who had a full-time undergraduate degree or above in the field of illegalism in ordinary colleges and universities and had obtained the corresponding degree and had been engaged in legal work for three years could apply for the judicial examination. However, the Judicial Examination was a highly difficult and high-standard examination. It required the examinee to have a solid legal foundation and a high comprehensive quality. Therefore, non-law graduates needed to put in more effort and time in the preparation process, systematically learn legal knowledge, and improve their legal literacy and exam-taking ability.
Can non-law majors take the judicial examination?
Non-law majors could take the judicial examination. Regardless of whether it was a non-law major who enrolled before or after 2018, as long as they met certain qualifications, degrees, time of enrollment, and special conditions, they could sign up for the National Uniform Law Profession Qualification Examination. The specific conditions included: obtaining a full-time bachelor's degree in law from an ordinary university and obtaining a bachelor's degree or above, or engaging in legal work for three years. In addition, some regions have also relaxed the restrictions on specialized academic qualifications. Therefore, non-law students could apply for the judicial examination.