Viewpoint | Interpretation of the Interim Provisions on Anti-unfair Competition on the Internet -- A New Chapter in Strengthening Fair Competition in the Internet Market
Published:
2024-06-03
This article will make an in-depth interpretation of the "Regulations", mainly from the background and purpose of the regulations, the definition of unfair competition, supervision and law enforcement mechanisms, consumer rights protection, and intellectual property protection and rights protection.
Today, with the vigorous development of digital economy, unfair competition on the Internet is becoming more and more rampant, which not only disturbs the market order, but also damages the legitimate rights and interests of operators and consumers. To this end, the State Administration for Market Regulation officially issued the "Interim Provisions on Anti-Unfair Competition on the Internet" (hereinafter referred to as the "Regulations") on May 11, 2024, which will be formally implemented on September 1, 2024. The promulgation of the "Regulations" marks a solid step taken by my country in the field of anti-unfair competition on the Internet, and provides a strong institutional guarantee for fair competition in the online market. As a professional intellectual property lawyer, this article will conduct an in-depth interpretation of the Regulations, mainly from the background and purpose of the regulations, the definition of unfair competition, supervision and law enforcement mechanisms, consumer rights protection, and intellectual property protection and rights protection.
Background and Purpose of 1. Provisions
With the rapid development of network technology, the network market has gradually become an important place for economic activities. However, the network of unfair competition also will breed, to the market fair competition has brought severe challenges. In order to prevent and stop these behaviors, maintain the market order of fair competition, encourage innovation, protect the legitimate rights and interests of operators and consumers, and promote the sustainable and healthy development of digital economy norms, the State Administration of Market Supervision and Administration has formulated the Interim Provisions on Anti-unfair Competition on the Internet in accordance with laws and administrative regulations such as the the People's Republic of China Anti-unfair Competition Law and the the People's Republic of China Electronic Commerce Law.
Definition of 2. Unfair Competition
The "Regulations" clarify the definition of unfair competition behavior, and include new types of unfair competition behavior in the network environment into the scope of supervision. This includes, but is not limited to, publishing false advertisements through the Internet, infringing upon the trade secrets of others, fabricating false facts to damage the business reputation or commodity reputation of competitors, and so on. At the same time, the Regulations also clearly define the new types of unfair competition behaviors that appear in the network environment, such as counterfeiting confusion, false propaganda, reverse billing, illegal data acquisition, etc., and set up bottom-up clauses to deal with possible occurrences. New problems and new behaviors.
3. supervision and enforcement mechanism
In terms of supervision and law enforcement mechanisms, the "Regulations" require market supervision and management departments to work with member units of the anti-unfair competition coordination mechanism to jointly promote online anti-unfair competition work. Each member unit shall, in accordance with the division of responsibilities, strengthen industry management and take effective measures to prevent and stop unfair competition on the Internet. At the same time, the regulations also emphasize the responsibility of platform operators, requiring them to strengthen the standardized management of competition behavior within the platform, take necessary measures to deal with unfair competition behaviors found in a timely manner, and keep relevant records for at least three years for verification by regulatory authorities.
In addition, the regulations also optimize the process of law enforcement and handling cases, and make special provisions on the supervision and inspection procedures in view of the characteristics of network unfair competition, such as wide radiation, cross platform and cross regional. Through the creation of expert observer system, it provides intellectual support and technical support for solving key problems.
4. consumer rights protection
In terms of the protection of consumer rights and interests, the "Regulations" regulate the focus issues of online consumption that infringe on consumer rights and interests, such as swiping orders and speculating letters, refunding of favorable comments, and influencing user choices. These measures aim to provide consumers with a more fair and transparent consumption environment, and enhance consumer trust and satisfaction. At the same time, the "Regulations" also encourage and support consumers to actively participate in the social supervision of online anti-unfair competition. For suspected online unfair competition, consumers have the right to report to the market supervision and management department in accordance with the law.
5. Intellectual Property Protection and Rights Protection
In terms of intellectual property protection and rights protection, the "Regulations" clarify the scope of intellectual property protection and ways to protect rights in the network environment. Regarding the infringement of domain name rights, web page copyright, and content copyright on the Internet, the "Regulations" have clearly stipulated, and require relevant departments to strengthen supervision and law enforcement. At the same time, the "Regulations" also encourage and support intellectual property rights holders to actively protect their rights and protect their legitimate rights and interests through legal channels.
To sum up, the release of the "Interim Provisions on Anti-unfair Competition on the Internet" marks a solid step forward in the field of anti-unfair competition on the Internet. It not only provides a strong institutional guarantee for fair competition in the online market, but also provides a fairer and more transparent market environment for operators and consumers. As a professional intellectual property lawyer, we will provide customers with more professional and efficient legal services, and jointly promote the healthy and orderly development of the network market.
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