Page 118 - 2017 White Paper
P. 118
7 White Paper on the Business Environment in China
(2) Article 5 of the current law reads, operators of commodities or the particular links existing
“operators shall not use the following unfair methods in among the producers or operators”.
their business transactions to damage their competitors:
· to copy other operators’ registered trademarks; This Clause deletes“to copy other operators’registered
· to use the specific name, package, decoration of trademarks”, in accord with the Trademark Law, expands
famous or well-known commodities, or use a similar the connotation and denotation of “business signs”,
name, package, decoration of famous or well-known specifically lists names of enterprises and enterprise
commodities, which may confuse consumers in groups and their abbreviations, trade names, the main
distinguishing the commodities from famous or well- parts of domain names, names of websites, web pages,
known commodities; names, pseudonyms, stage names, names and marks and
· to use the names of other enterprises or individuals so on of channels which all belong to the contents of the
without consent, which make people take said operators’ business signs regulated by the Anti-Unfair Competition
commodities for those of other enterprises; and Law.
· to forge or falsely use certificates of attestation,
marks of fame and other qualifications marks, forge place (3) Article 9 of the current law reads that,
of origin or make false statements that will make others “operators shall not use advertisements or other
misunderstand”. methods to make a false propaganda that may mislead
others for the quality, composition, function, usage,
In the Draft, the above clauses were amended to: producer, time or efficacy and place of production of
“Article 5: An operator may not use a business signs commodities. Advertising companies shall not be an
to undertake the following activities which may cause agent of, or design, or make, or propagandize false
confusion in the market: advertisement, if it knows or should know the truth”.
· to use another’s well-known business signs without
authorization, or use a business indicator that is similar In the Draft, the above Article was amended to:
to another’s well-known business indicator, and thereby “Article 8: Operators may not do the following
causes market confusion; commercial advertising act and actions to mislead others:
· to use in a prominent manner his own business signs · to conduct false or biased advertisements;
that is the same with or similar to another’s well-known · to use the opinions or phenomena that are
business indicator, and thereby mislead the public and not confirmed scientifically as confirmed facts for
causes market confusion; advertisement; and
· to use another’s registered trademark or unregistered · to conduct advertisement using ambiguous language
well-known trademark as the trade name in its enterprise or other ways that may mislead others”.
name, and thereby mislead the public and cause market
confusion; or This Article clarifies the provision of “commercial
· to use the name or the short name of a well-known advertising acts and actions to mislead others”, changes
enterprise or enterprise group as the word trademark or the previous restrictive interpretation of “a false
the main part of a domain name, and thereby mislead the propaganda that may mislead others”, and expanded
public and cause market confusion. the regulatory scope of “commercial advertising acts and
actions to mislead others”.
‘Business signs’ in this Law refers to the marks that
distinguish the producers or operators of products, (4) Article 14 of the current law reads that,
including but not limited to the specific name, packaging, “a business operator may not fabricate, spread false
decoration, shapes of commodities, trademark, names of facts to damage the business goodwill or the commodity
enterprises and enterprise groups and their abbreviations, reputation of other competitors”.
trade names, the main parts of domain names, names of
websites, web pages, names, pseudonyms, stage names, In the Draft, the above article was amended to:
names and marks and so on of channels. “Article 11 Operator may not fabricate or spread
false information, make bad faith comments, or spread
‘Confusion in the market’ in this Law refers to information that is incomplete or could not be proved,
misleading the relevant public about the producers and to damage the business goodwill or the commodity
reputation of others”.
118
(2) Article 5 of the current law reads, operators of commodities or the particular links existing
“operators shall not use the following unfair methods in among the producers or operators”.
their business transactions to damage their competitors:
· to copy other operators’ registered trademarks; This Clause deletes“to copy other operators’registered
· to use the specific name, package, decoration of trademarks”, in accord with the Trademark Law, expands
famous or well-known commodities, or use a similar the connotation and denotation of “business signs”,
name, package, decoration of famous or well-known specifically lists names of enterprises and enterprise
commodities, which may confuse consumers in groups and their abbreviations, trade names, the main
distinguishing the commodities from famous or well- parts of domain names, names of websites, web pages,
known commodities; names, pseudonyms, stage names, names and marks and
· to use the names of other enterprises or individuals so on of channels which all belong to the contents of the
without consent, which make people take said operators’ business signs regulated by the Anti-Unfair Competition
commodities for those of other enterprises; and Law.
· to forge or falsely use certificates of attestation,
marks of fame and other qualifications marks, forge place (3) Article 9 of the current law reads that,
of origin or make false statements that will make others “operators shall not use advertisements or other
misunderstand”. methods to make a false propaganda that may mislead
others for the quality, composition, function, usage,
In the Draft, the above clauses were amended to: producer, time or efficacy and place of production of
“Article 5: An operator may not use a business signs commodities. Advertising companies shall not be an
to undertake the following activities which may cause agent of, or design, or make, or propagandize false
confusion in the market: advertisement, if it knows or should know the truth”.
· to use another’s well-known business signs without
authorization, or use a business indicator that is similar In the Draft, the above Article was amended to:
to another’s well-known business indicator, and thereby “Article 8: Operators may not do the following
causes market confusion; commercial advertising act and actions to mislead others:
· to use in a prominent manner his own business signs · to conduct false or biased advertisements;
that is the same with or similar to another’s well-known · to use the opinions or phenomena that are
business indicator, and thereby mislead the public and not confirmed scientifically as confirmed facts for
causes market confusion; advertisement; and
· to use another’s registered trademark or unregistered · to conduct advertisement using ambiguous language
well-known trademark as the trade name in its enterprise or other ways that may mislead others”.
name, and thereby mislead the public and cause market
confusion; or This Article clarifies the provision of “commercial
· to use the name or the short name of a well-known advertising acts and actions to mislead others”, changes
enterprise or enterprise group as the word trademark or the previous restrictive interpretation of “a false
the main part of a domain name, and thereby mislead the propaganda that may mislead others”, and expanded
public and cause market confusion. the regulatory scope of “commercial advertising acts and
actions to mislead others”.
‘Business signs’ in this Law refers to the marks that
distinguish the producers or operators of products, (4) Article 14 of the current law reads that,
including but not limited to the specific name, packaging, “a business operator may not fabricate, spread false
decoration, shapes of commodities, trademark, names of facts to damage the business goodwill or the commodity
enterprises and enterprise groups and their abbreviations, reputation of other competitors”.
trade names, the main parts of domain names, names of
websites, web pages, names, pseudonyms, stage names, In the Draft, the above article was amended to:
names and marks and so on of channels. “Article 11 Operator may not fabricate or spread
false information, make bad faith comments, or spread
‘Confusion in the market’ in this Law refers to information that is incomplete or could not be proved,
misleading the relevant public about the producers and to damage the business goodwill or the commodity
reputation of others”.
118