I'm looking for a broadcast script of "Study Party and League Knowledge and Strive to Be a Pioneer of the Times". About 800 words will be fine.

In social and economic life, competition has not always existed. With the development of social productivity, competition gradually emerged. "The so-called competition essentially refers to the behavior of two or more operators striving for trading opportunities in the market with more favorable price, quantity, quality or other conditions." We can divide competition into categories based on legal and moral standards. For fair competition and unfair competition. Fair competition can be understood from two aspects: first, it conforms to the fair competition standards stipulated by the law; second, it conforms to social moral standards. Therefore, fair competition is a kind of fair competition and a kind of honest and trustworthy competition. Unfair competition is a concept corresponding to fair competition. It is a kind of competitive behavior that violates the law and socially recognized business ethics. For example, the Paris Convention for the Protection of Industrial Property stipulates: "Any competitive behavior that is contrary to honest and trustworthy business practices in the industrial and commercial fields constitutes unfair competition." Unfair competition. Competitive behavior seriously damages the market economic order, breeds commercial corruption, corrupts business ethics, and infringes upon the legitimate rights and interests of honest operators and buyers. In order to maintain normal economic order and ensure healthy economic development, unfair competition must be effectively suppressed. flood.

After Germany took the lead in formulating the world's first codified "Anti-Unfair Competition Law" in 1896, other countries followed suit and enacted relevant laws. The legal system related to anti-unfair competition is becoming increasingly rich and perfect. With the implementation of my country's market-oriented reform and opening up policy, the market economy has gradually developed, and competition has restored its due position in my country's economic life. While competition plays a positive role, it also has a negative impact. In the market, various unfair competition behaviors have appeared. For this reason, our country promulgated the "Law of the People's Republic of China and the State Against Unfair Competition" in September 1993, which symbolizes that our country is governed by law and uses legal means to stop unfair competition. Competitive behavior has entered a new stage. This law lists various unfair competition behaviors prohibited by law. Article 5 of my country's Anti-Unfair Competition Law clearly stipulates: "Operators shall not use the following unfair competition methods to engage in market transactions and harm competitors." Item 2: "Unauthorized use of the unique name, packaging, and decoration of well-known goods, or the use of names, packaging, and decoration similar to those of well-known goods, causing confusion with other people's well-known goods. Making buyers mistakenly believe that they are the well-known goods." It is not difficult to see that this is the legal basis for the Anti-Unfair Competition Law to protect well-known products and prohibit others from counterfeiting the unique names, packaging, and decoration of well-known products. So in judicial practice and real life, how to use existing legal basis to protect well-known products and suppress unfair competition? The following will discuss relevant issues such as the meaning of well-known goods and the constituent elements of counterfeiting well-known goods.

1. Legal meaning and identification of well-known goods

(1) Legal meaning of well-known goods

Well-known is explained in modern Chinese dictionaries as famous and other meanings . Well-known goods as a legal concept generally appear in anti-unfair competition laws. For example, Article 1 of Japan's "Anti-Unfair Competition Law" revised in 1990 stipulates that "an actor is prohibited from using the name, trade name, trademark, container or packaging of goods, or any other mark used for other people's goods or services to be the same as that of a well-known person." or similar use, resulting in confusion with other people’s goods, business premises or services. It is not difficult to see that the condition for various commercial marks protected by Japan’s Anti-Unfair Competition Law is that they have a certain degree of popularity. "Well-known commodities have neither a definition nor explanatory provisions, but the State Administration for Industry and Commerce has made relevant provisions in Article 3, Paragraph 3 of the "Several Provisions on Unfair Competition Prohibitions on Counterfeiting the Unique Names, Packaging, and Decoration of Well-Known Commodities" According to the regulations, "well-known products refer to products that have a certain reputation in the market and are known to the relevant public." According to this regulation, it means that a well-known product must have a certain reputation among the relevant public. So what is the relevant public? The public should refer to specific buyers who have a trading relationship with the product. Therefore, judging a well-known product should not be based on whether anyone knows the product, but on the condition that the product has a high reputation in the relevant market field. , it should be said that well-known commodities are the product of market competition. The purpose of identifying well-known commodities is mainly to protect the legitimate interests of commodity operators and cannot be isolated from specific operators.

(2) Identification of well-known products

In real life, it is impossible to identify a product that has many years of history and is familiar or necessary to consumers in a certain area as a well-known product. It is easy to be accepted by consumers and all parties. But usually, what conditions or requirements a well-known product should meet are issues that should be considered and resolved. Since my country's Anti-Unfair Competition Law does not clearly define well-known commodities, some local regulations have made common sense provisions in an attempt to solve this problem in a certain region. As stipulated in Paragraph 2 of Article 9 of the "Beijing Anti-Unfair Competition Regulations": Well-known commodities referred to in this article refer to the following commodities: (1) Products that have won awards in international awards recognized by the relevant departments of my country; (2) Goods that are recognized as famous and high-quality by government departments at or above the provincial or ministerial level, industry organizations or consumer associations; (3) Goods that are recognized by consumers and have a long-standing reputation in the relevant market; (4) Other products that have been widely publicized and are well-known in the relevant market. High-profile products. Another example is Article 8, Paragraph 2 of the "Shanghai Anti-Unfair Competition Regulations" which stipulates: The well-known commodities mentioned in the preceding paragraph refer to: (1) commodities using recognized well-known trademarks or famous trademarks; (2) commodities approved by the state Products recognized by relevant administrative agencies and industry associations that have won awards in international awards; (3) Products that are well-known to relevant consumers and have a certain market share and high popularity. From the above provisions, we can see that the provisions of the Anti-Unfair Competition Law are relatively unclear. Although the effectiveness of local regulations is subject to certain limitations, some useful explorations have been made. It plays a certain positive role in specific practice. There are similarities and differences among the various provisions, which make the relatively general provisions achieve the purpose of further clarity.

The People's Court expressed its views on the recognition of well-known products through relevant judgments during the trial of the case. For example: in the anti-unfair competition case of Harbin Beer Co., Ltd. v. Harbin Shengshidan Beer, the plaintiff Harbin Beer Co., Ltd. believes that "Harbin Beer" is the unique name of the product, and the defendant Harbin Shengshidan Beer Co., Ltd. sells the beer it produces on the market under the name "Harbin Beer" without permission, causing losses to it. Request the court to order Harbin Shengshidan Beer Co., Ltd. to immediately stop using the unique name "Harbin Beer" of its well-known products and compensate for related losses. Harbin Shengshidan Beer Co., Ltd. believes that there is no basis for identifying "Harbin Beer" as a unique name for a well-known product. After court investigation, the Harbin Intermediate People's Court found out the following facts: Harbin Beer Co., Ltd. was founded in 1900 and is the earliest beer production enterprise in my country. Harbin Beer is the company's main brand. After more than a hundred years of development, the company is composed of Harbin Harbin Beer Group, headed by the beer brand, is currently the largest beer manufacturer in Northeast China, with an annual output of 1.5 million tons. It has invested more than 100 million yuan in advertising on various media to promote the "Harbin Beer" brand, and its popularity is increasing day by day. It is sold in more than 20 provinces and exported to more than 20 countries and regions in Europe and Asia. In 2002, the production and sales volume of a single brand of Harbin Beer ranked third among its peers nationwide. Accordingly, the Harbin Intermediate People's Court held that "according to The beer produced by Harbin Beer Co., Ltd. is judged based on the production and sales time, region, production and sales volume, market share, the ranking of the product among similar products, the advertising investment made by the merchant to promote the product, and the degree to which the product is familiar to consumers. It can be recognized as a well-known product."

It can be seen from the above local laws and regulations and the judicial precedents of the People's Court that although the "Anti-Unfair Competition Law" does not clearly provide for the identification of well-known commodities, various aspects are making efforts to It is a useful attempt to combat unfair competition, protect fair competition, and protect well-known products. After a comprehensive analysis of opinions from all aspects, the author believes that the following factors should be considered when identifying well-known products: 1. The production time of the product; 2. The sales volume of the product; 3. The market share of the product; 4. The advertising of the product; 5. , The degree of awareness of the product among consumers; 6. The award-winning status of the product. Only by comprehensively considering these factors can we have an accurate identification of well-known products.

While analyzing the conditions for the recognition of well-known products, we should note that well-known products are not honorary titles, and their recognition conditions are not licensing conditions, but the product of market competition. In cases of unfair competition disputes, the purpose of identifying well-known commodities is to protect the legitimate interests of operators of the commodities.

In real life, there are many types of goods. Different goods have different natures, different market areas and market structures, and different competition conditions. It is difficult to use too strict specific standards in the process of identifying well-known goods. . Therefore, when identifying well-known products, it is necessary to comprehensively consider the above-mentioned factors, and also to consider the specific circumstances without being restricted by conditions. As proposed by the Civil Law Office of the Legal Affairs Committee of the National People's Congress: "How to know what kind of goods are well-known goods?? A broader standard can be drawn, which is the unauthorized use or similar use of other people's product names, packaging, and decoration, generally that is It can be considered that other people's products are well-known products. Otherwise, why not use your own product name, packaging, and decoration instead of using other people's product names, packaging, and decoration without authorization? The reason is that other people's products have a certain degree of popularity. Best Seller". The State Administration for Industry and Commerce stipulates in Article 4, Paragraph 1 of the "Several Provisions on Prohibiting Unfair Competition Acts of Counterfeiting the Unique Names, Packaging, and Decoration of Well-known Goods": The name, packaging, and decoration of goods are copied by others without authorization. If the product is used in a similar manner, enough to cause buyers to misunderstand it, the product can be deemed to be a well-known product. "The application of this "backward principle" increases the scope of combating counterfeiting and counterfeiting in the protection of well-known commodities. It is also concise and easy to implement, which is more conducive to legitimate operators and the maintenance of normal economic order. We believe that in Even though the "Anti-Unfair Competition Law" does not define or stipulate well-known commodities, various aspects have been explored in real life and judicial practice to gain a certain understanding of the conditions or elements required for well-known commodities, so that everyone can understand well-known commodities. Have a perceptual understanding and understand the characteristics of well-known products. At the same time, the "principle of reverse deduction" overcomes its shortcomings and expands the scope of protection. They are complementary and mutually beneficial.

2. Counterfeiting the unique names of well-known products. , packaging and decoration elements

(1) The object of counterfeiting must be a well-known product

Article 5, Paragraph 2 of my country’s Anti-Unfair Competition Law stipulates: Counterfeiting the unique name of well-known products , packaging, and decoration are acts of unfair competition and are prohibited by the Anti-Unfair Competition Law. On the other hand, the law protects the unique names, packaging, and decoration of well-known commodities. In other words, the unique names, packaging, and decoration of well-known commodities are protected by the law. Unique names, packaging, and decoration are protected, while non-famous goods are not protected. As for the protection of non-famous goods and well-known goods, as Mr. Wang Liming said: "The degree of protection for the two is different, and only the latter can. As the object of infringement of counterfeiting, the Anti-Unfair Competition Law applies to obtain protection. It can be seen that whether it is famous or not is the key to the correct application of the law. Therefore, whether it is from the perspective of prohibiting counterfeiting of the unique name, packaging, and decoration of well-known goods, or from the perspective of From the perspective of protecting well-known products, the products to be protected must be well-known products. It can be seen that one of the requirements for counterfeiting the unique names, packaging, and decoration of well-known products is that the objects of counterfeiting must be well-known products.

(2) The name, packaging, and decoration unique to well-known commodities

The second component is the name, packaging, and decoration unique to well-known commodities. The name, packaging, and decoration of the counterfeited commodities must be unique to well-known commodities. Article 3, paragraph 2, of the Administration's "Several Provisions on Prohibiting Unfair Competition from Counterfeiting the Unique Names, Packaging, and Decoration of Well-known Goods" states that "unique as mentioned in these regulations means that the name, packaging, and decoration of the goods are not those of the relevant goods." "Commonly used by relevant commodities and having significant distinguishing characteristics", therefore, whether it can be recognized as "unique" requires a clear understanding of whether it is "commonly used by related goods" and whether it "has significant distinguishing characteristics", "unique" ” corresponds to “general”.

Generally speaking, generic product names, packaging, and decoration refer to those that have been commonly used by specific industries in a certain field and provide traders with the most The same recognized product names, packaging, and decoration. In terms of content, those product labels that directly indicate the quality, ingredients, and functions of the product are generally universal, such as beer, liquor, soda, etc. are all universal product names. Generic names cannot distinguish operators or producers, so it is impossible and unnecessary to protect specific users. Generic product names, packaging, and decoration generally do not have significant distinguishing features, while "unique" names, according to Certain provisions refer to the distinctive differences between the unique and common names of well-known goods.

Therefore, unique names, packaging, and decorations are original names, packaging, and decorations created by operators for the goods they produce. In marketing, due to their significant distinctiveness, they become a mark that distinguishes the goods from others and are closely related to the goods. associated with the brand image. "Unique" product names, packaging, and decoration are original creations of the business operators. They are different from general common names. Whether a unique name is unique to a product shall first consider whether the unique name was created and first used by the business operator. A common name has no distinguishing characteristics. It is commonly used by related products and is a kind of public wealth. Therefore, a common name should not be used exclusively by a certain operator. Otherwise, it will hinder fair competition in the market and is not conducive to protecting consumers. interests. Whether the name is commonly used by similar companies in the market and whether it is distinctive, and more attention should be paid to reflecting the recognition of similar operators in the market. The unique name "embodies and reflects the business reputation and product reputation of the operator and its well-known products to a certain extent, and is also a symbol of its corporate image and its high-quality and high-reputation products."

For example: In unfair competition cases such as Beijing Ditan Hospital’s lawsuit against Jiangsu Aifute Pharmaceutical and Health Care Company, in 1984 the Beijing First Infectious Disease Hospital, the predecessor of Ditan Hospital, developed a disinfectant that could quickly kill all types of hepatitis viruses. , named "84" Hepatitis Disinfectant, and later changed its name to 84 Disinfectant. In 1984, Ditan Hospital produced 84 Disinfectant. In March 1997, Ditan Hospital transferred the license to more than 30 manufacturers across the country to use its technology for production and sales. "84" disinfectant. Ditan Hospital sued Aifute Company for using "84" disinfectant as its product name without the plaintiff's permission, which constituted unfair competition and should bear civil liability. The defendant, Aifute Company, disagreed with his point of view. The case was heard in the first and second instances, and the Supreme People's Court later ruled to reject the plaintiff's claim. The People's Court's second-instance judgment on this case discussed that "the common name of a commodity cannot obtain the exclusive right to use the unique name of a well-known commodity. When judging the common name, not only the national or industry standards, but also the commodity names already listed in professional reference books and dictionaries should be recognized. If it is a common name, and it is a common name among business operators in the same industry, it should also be recognized as a common name, and if it is a noun that has been commonly used by business operators in the same industry and is commonly used to represent a certain type of commodity, it should also be recognized as a common name of the commodity." In the "84 Disinfectant" case, it was named "84 Disinfectant" after successful research in 1984. Such a naming is special for a new product, reflecting its distinctive features from other similar products, and the plaintiff After the institute developed "84 Disinfectant", it licensed many companies to produce the product in the form of technical licenses. There are already 40 or 50 manufacturers producing similar products in litigation across the country. Most of their products use the name "84 Disinfectant" and have passed After review and approval by the relevant competent authorities, "84 Disinfectant" is actually managed and used as a collective name for this type of product. In the market process of "84 Disinfectant" products for more than 10 years, it has become the meaning of related products. It should be noted that the distinctive features of product names are not static. With the changes in the market and the passage of time, a unique name It can also be converted into a common name. Once this happens, it loses the conditions for legal protection.

Another example: In the unfair competition case of Harbin Beer Co., Ltd. v. Harbin Shengshidan Beer Co., Ltd. mentioned above, the beer produced by Harbin Beer Co., Ltd. is the earliest beer brand in China. Harbin Intermediate People’s After hearing the case, the court held in its judgment: Harbin beer produced by the plaintiff Harbin Company can be recognized as a well-known product. "Harbin Beer", as the abbreviation of Harbin beer, has been deeply rooted in the hearts of consumers after years of continuous advertising and publicity by Harbin Company. The recognition has become the name of Harbin Beer, a well-known product. The unique packaging and decoration of well-known products must be unique to well-known products as well as the unique names of well-known products.

At the same time, packaging and decoration are two related but different concepts. The State Administration for Industry and Commerce's "Several Provisions on Prohibiting Unfair Competition from Counterfeiting the Unique Names, Packaging, and Decoration of Well-known Goods" stipulates that packaging refers to auxiliary materials used on goods to distinguish them from similar goods and to facilitate portability, storage and transportation. objects and containers. Decoration is the arrangement and combination of words, patterns, and colors added to goods or packaging to distinguish them from similar goods.

It is obvious that packaging has the function of identification and convenience for carrying, storage and transportation, while decoration has the function of identification and beautification. It can be attached to the product or the product packaging. Its basic composition is text, pattern and color. elements, and at the same time there are permutations and combinations of the three elements. The two are both different and often closely related. Because the decoration of the product is not only part of the product, but also sometimes part of the packaging.

For example: Yanji Pharmaceutical Factory began to develop and produce "Sika Deer Antler Essence" in 1971. Its packaging and decoration were designed by artists from Shanghai Advertising and Decoration Company. The main feature of its packaging and decoration is that the bottom of the box is Bronzed sika deer antler horns. Since the products were put into production, they have been selling well both inside and outside the province and have been well received by users. The Second Yanji Pharmaceutical Factory felt that "Sika Deer Antler Essence" was selling well, so it formed a plan in 1993 to also start producing "Sika Deer Antler Essence". The Second Yanji Pharmaceutical Factory used the packaging and decoration of the Yanji Pharmaceutical Factory's products as a model to design product packaging. , decoration. The bottom surface, color, product name and words of the packaging box, and the sika deer antler pattern are completely plagiarized and confused with the Yanji Pharmaceutical Factory's products, causing the buyer to misunderstand that it is the "Sika Deer Antler Essence" from the Yanji Pharmaceutical Factory. , whose behavior was investigated and dealt with by the Yanji City Industrial and Commercial Bureau.

(3) Identical or similar use

Under what circumstances will counterfeiting cause unfair competition that infringes on operators, that is, the name, packaging, and The decoration is used for the same or similar purpose. Only through identical or similar use can counterfeit products be confused with well-known products in terms of unique names, packaging, decoration, etc., and even more so, counterfeit products can be confused with well-known products. Its fundamental purpose is to confuse producers and operators to achieve market confusion.

Generally, this kind of counterfeiting behavior is divided into two parts. One is to completely copy the unique name, packaging, and decoration of other people's well-known products, that is, to use the same. This is reflected in the fact that the name, packaging, and decoration of the product are completely consistent with the unique name, packaging, and decoration of the well-known product. There is no difference in the words and graphics used, the appearance, shape, layout, and color. Operators use this method to counterfeit products to achieve confusing results. In real life, this kind of counterfeiting method is very easy for consumers and users to misunderstand and purchase, but it is relatively easy to identify this kind of behavior in judicial practice. The second is to use approximations. The so-called approximation means making small and irrelevant changes to the unique names, packaging, and decoration of well-known products, retaining the main parts so that the main style and distinctive features can be retained. Generally, with Misrecognition or confusion may occur due to the general attention of buyers. For approximate uses, the identification process is relatively difficult. First, the comparison should be made based on the method of comparing the overall structure with the main parts. If the overall impression produced by the overall structure is that the main parts are similar, that is, the accessory parts are similar or different, which will not prevent the identification of counterfeiting. Secondly, the counterfeiting shall be determined. It is based on general buyers paying general attention to whether misunderstanding or confusion occurs, rather than paying special attention or using expert vision and special tools and means.

For example: A certain chemical industry company sued a chemical factory for counterfeiting the unique packaging and decoration of well-known products and unfair competition. After the plaintiff, a chemical industry company, was established, it specialized in the production of putty paste, putty powder and other decorative materials. It is highly praised by users and enjoys high popularity and market share in the market. It has won various honorary certificates many times. Its registered trademark has been recognized as a famous trademark in Tianjin by the Tianjin Industrial and Commercial Bureau. In 2002, the plaintiff redesigned, packaged and decorated the product and obtained a design patent. The defendant, a chemical factory, has been selling similar products in packaging and decoration very similar to the plaintiff's packaging since April 2001. The plaintiff requested a cessation of infringement and compensation for economic losses. During the trial, the plaintiff presented evidence and presented the packaging of both the original and the defendant in court. Both putty paste packaging bags were nylon woven bags. There was an upward opening arc on about one-third of the front of the bag, and there were shallow holes above the arc. The red and light red parts are written with eight bold characters of "Excellence, Recognized Brand" from left to right, and below them are their respective registered trademarks. The background color of both sides below the arc is red, and below the arc from left to right are barcode marks. and weight markings. Below it, the plaintiff's packaging writes XXX putty paste, and the defendant's packaging writes XX putty paste in white bold fonts. Below them are written in a square light red background: "Instructions for use, precautions, etc., and the factory name and address are written below."

After trial, the court ruled that the XXX putty paste produced by the plaintiff was a well-known product, and its packaging and decoration were unique to well-known products. The defendant's behavior was an act of unfair competition. A certain chemical factory of the defendant was not allowed to use this packaging and decoration to produce and sell putty paste products. Compensate the plaintiff for corresponding economic losses.

In this case, a chemical industry company has outstanding packaging and decoration features. The main tone is red. The upward opening arc distinguishes the two eye-catching color blocks of the packaging. The overall structure is clear and unforgettable. The overall result of the defendant's putty paste packaging bag is exactly the same as that of the plaintiff. Only a very small part is different, but this does not affect the overall similarity. If ordinary attention is used to distinguish it, confusion will occur, leading to misunderstanding, so it is determined to be counterfeit. The behavior is completely correct.

(4) Causing misunderstanding

The act of counterfeiting well-known goods is that the counterfeiters confuse their counterfeit goods with well-known goods, and the confusion occurs because ordinary consumers misunderstand . The purpose of market confusion can only be achieved when consumers misunderstand. Generally speaking, misunderstandings include two situations. One is that misunderstanding has occurred, and objectively the buyer has become confused about the relevant goods; the other is that misunderstanding has occurred. The second is the situation that may cause misunderstanding. That is, as long as the counterfeiting behavior may cause consumers to misunderstand the product, unfair competition can be established. This is very important to combat counterfeiting. If the requirement of "causing misrecognition" must actually appear, it will undoubtedly make it more difficult to protect well-known products. Due to differences in local markets, buyer groups and other factors, misrecognition may occur. Once counterfeiting occurs, you can To stop it, it will also increase the burden of business competition from counterfeited well-known products, and at the same time prompt relevant departments to take corresponding measures to crack down on it in a timely manner.

(5) Unauthorized use

Using the unique name, packaging, and decoration of other people’s well-known products includes two ways. One is for the operator to use it through legal channels, such as through transfer or licensing. Enable operators to obtain the ownership or right to use the unique logo of well-known products. Their behavior is legal and does not infringe on the rights and interests of others, let alone unfair competition; another behavior is when operators do not go through the process of selling well-known products. Unauthorized use of the unique name, packaging, and decoration of other people's well-known products without the permission of the rights to the unique name, packaging, and decoration constitutes counterfeiting. Unauthorized use seriously violates the will of the right holder and reflects the subjective and intentional nature of counterfeiting.

In 1986, Germany promulgated the Anti-Unfair Competition Law, which has a history of a hundred years. With the reform and opening up and the development of social market economy in my country, market competition has become increasingly fierce. In 1993, my country promulgated the Anti-Unfair Competition Law. The law has played a very good role in suppressing unfair competition in the market. Maintain market economic order. On the issue of protection of well-known commodities, based on the existing basis, we should conduct in-depth research to clarify the meaning of well-known commodities and various protection requirements from the legislation, with specific operability, accelerate economic development under the conditions of fair competition, and make the view of good faith , deeply rooted in the hearts of the people, and establishing an honest and harmonious society.