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Integrated Circuit Layout Design
Basic Information | Enforcement | Documents
Needed to Register Unfair Competition
Basic Information
Legal basis
Law Against Unfair Competition of the People's Republic of China, adopted
at the Third Session of the Standing Committee of the 8th National People's
Congress on September 2, 1993, effective December 1, 1993.
Acts of unfair competition relating to intellectual
property/trade secret
- Passing off the registered trademark of another person;
- Using, without authorization, the name, packaging or decoration peculiar
to the well-known goods or using a name, packaging or decoration similar
to the that of well-known goods, so that his goods are confused with
the well-known goods of another person, causing buyers to mistake them
for the well-known goods of the other person;
- Using, with authorization, the business name or personal name of the
other person on his own goods, leading people to mistake them for the
goods of the other person;
- Forging or falsely using, on his goods, symbols of quality such as
symbols of certification and symbols of famous and high-quality goods,
falsifying the origin of his goods, and making false representations
which are misleading as to the quality of the goods.
- Giving false, misleading publicity as to the quality, composition,
performance, use, manufacturer, useful life, origin, etc. of the goods
by advertisement or other means;
- Obtaining trade secrets from the owners of rights by stealing, promising
of gain, resorting to coercion or other improper means;
- Disclosing, using or allowing others to use trade secrets of the owners
of rights obtained by stealing, promising of gain, resorting to coercion
or other improper means;
- Disclosing, using or allowing other to use trade secrets that he has
obtained by breaking and engagement or disregarding the requirement
of the owners of the rights to maintain the trade secrets in confidence.
- Where a third party obtains, uses, or discloses the trade secrets
of others when he obviously has or should have full awareness of the
illegal acts mentioned in 6., 7. and 8., he shall be deemed to have
infringed the trade secret of others.
Trade secret
Trade secret refers to technical and business information which is not
known to the public, which is capable of bringing economic benefits to
the owner of rights and which has practical applicability and which the
owner of rights has taken measures to keep secret.
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