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Law Against Unfair Competition of the People's Republic of China (1993)

( Adopted at the Third Session of the Standing Committee of
the Eighth National People's Congress on September 2, 1993.
Promulgated by Order No. 10 of the President of the People's Republic of China on
September 2, 1993. and Effective as of December 1, 1993 )

General Provisions

Article 1.   This Law is formulated with a view to safeguarding the healthy development of the socialist market economy, encouraging and protect fair competition, preventing acts of unfair competition, and defending the lawful rights and interests of operators and consumers.

Article 2.   An operator shall, in transactions in the market, follow the principle of voluntariness, equality, fairness, honesty and credibility, and observe generally recognized business ethics. "Unfair competition" in this Law refers to acts of operator which contravene the provisions of this Law, damage the lawful rights and interests of other operator, and disturb the socio-economic order.

"Operator" in this Law refers to a legal person or other economic organization or individual engaging in the trading of goods or profit-making services. ("Goods" mentioned hereinafter include services. )

Article 3.   The People's Governments at various levels shall adopt measures to prevent acts of unfair competition and create a favorable environment and conditions for fair competition. The administrative authorities for industry and commerce in the People' s Governments above the county level shall supervise and inspect acts of unfair competition. In respect of those acts which, according to the provisions of various laws and administrative regulations, are subject to supervision and inspection by other departments, these provisions shall be abided by.

Article 4.   The state encourages, supports and protects all organizations and individuals in carrying out social supervision over acts of unfair competition.

Staff members of State organs shall not support or cover up acts of unfair competition