Imitating famous brand belongs to unfair competition

by:Lisson     2020-10-25
For watsons is' fake 'skin care products, Beijing Chai Fu Xia Xiang in a law firm lawyers, said from the legal perspective, this event related to the legal relationship of unfair competition. According to China's 'anti-unfair competition law' regulation, the unauthorized use and approximate name, packaging, decoration of well-known commodities, causing confused and the well-known goods of others, ACTS of unfair competition. Xia Xiang said, if you want to clear whether illegal, whether or not constitute infringement, the first to see if the imitation goods belong to the 'well-known goods', if not up to the standard of the well-known goods, do not belong to the 'anti-unfair competition law' the protection range of the relevant provisions. Secondly depends on whether it can cause consumers' confusion 'two goods, if not enough to cause confusion, does not constitute infringement. He pointed out that if the imitator ultimately deemed infringement, according to the 'anti-unfair competition law' regulation, market supervision and inspection departments shall order to stop the illegal practice, confiscate the illegal income, can according to the plot fined more than twice and less than three times the illegal income.
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