Shanghai Administration for Market and Supervision issued Hu Shi Jian Jing Zhen 【2020】 No. 46 recently to improve the administration on the unfair competition and protect the legitimate rights and interests of operators and consumers. Shanghai Dongjin finds the below as the main measures to be taken.

SAIC will focus on the investigation and punish the business operator engaging in any of the following infringements of trade secrets:

1. obtaining the trade secrets of science and technology innovation enterprises by theft, bribery, electronic intrusion or other improper means;
2. obtaining, disclosing, using trade secrets by instigating, tempting the employees of the competitors to violate the confidentiality obligations;
3. Who knows or should know of the fact that an employee or former employee of the right owner of trade secrets conducts any of the illegal acts, but still obtains, discloses, uses use such trade secrets;

SAIC will focus on the investigation and punish the counterfeit and confusing activities, false advertising, taking advantage of technical means for the purpose of the unfair competition.

4. Unauthorized use of the same or similar marking behavior with APP or WeChat subscription account, which has certain influence powers on others;
5. Conduct false propaganda or organize false transactions by publishing false comments, deleting unfavorable comments, buying favorable comments or other measures;
6. Take use of the technical means to obstruct or destroy the normal operation of network products or services legally provided by other business operators;

SAIC will focus on the investigation and punish unfair competition behaviors in the fields of medicine and pharmacy purchase and sale, medical service, education and training, such as commercial bribery, false propaganda and etc.

7. Business operators advertise their products or services which can prevent from or treat the novel coronavirus pneumonia but without any exact scientific basis；
8. Business operators damage the order of competition by the means of bribing medical institutions in the form of leasing, donation, equipment delivery or other means in order to bundle and sell consumable products;
9. Business operators bribe the schools by means of property or other means to gain unfair competitive advantage in business activities such as uniforms, teaching aids, catering and etc.;
10. Business operators conduct false propaganda on their own business scale, teachers' strength, technical means, awards and other contents to mislead consumers.

If you want to read the complete article, you can refer to the below link (in Chinese only): http://www1.shanghaiinvest.com/cn/viewfile.php?id=14582&from=singlemessage&isappinstalled=0  

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Mr. Mike Chang

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