Certain Provisions on the Prohibition against Unfair Competition
Acts of Passing off Names, Packaging or Decoration Peculiar to Well-Known Goods
Promulgated by Order No.33 of the State Administration of
Industry and Commerce on July 6, 1995

Article 1

With a view to preventing unfair competition acts of passing off names, packaging or decoration peculiar to well-known goods and according to the relevant provisions of the Law of the People's Republic of China for Countering Unfair Competition (hereinafter referred to as the Law for Countering Unfair Competition), the Provisions are formulated.

Article 2

"Unfair competition acts of passing off names, packaging or decoration peculiar to well-known goods" refers to acts of using, without authorization, the names, packaging or decoration peculiar to those of well-known goods of others in identity or similarity, , so that their goods are confused with the well-known goods of others���causing buyers to mistake the goods for the said well-known goods, in violation of the provisions of Article 5 (2) of the Law for Countering Unfair Competition

"Causing buyers to mistake the goods for the said well-known goods" mentioned in the proceeding paragraph includes the acts which are so sufficient as to cause buyers to mistake the goods for the said well-known goods.

Article 3

"Well-known goods" in the Provisions refers to goods which enjoy a certain popularity on the market and are familiar to the related public.

"Peculiar to" in the Provisions means that the name, packaging or decoration of the goods are not commonly used for other goods of the like, and have their own characteristics of apparent distinction.

"Names peculiar to well-known goods" in the Provisions refers to names of goods exclusively used by well-known goods which are apparently different from the commonly used names, with the exception of names which have been registered as trademarks.

"Packaging" in the Provisions refers to auxiliary objects and containers used on the goods for the identification of the goods and convenience of carrying, storing and transportation.

"Decoration" in the Provisions refers to the words, design, color and their permutations and combinations attached to the goods or their packaging for identifying and beautifying the goods.

Article 4

Where the use of the names, packaging and decoration of the goods are used in identity or similiarity by others without authorization which is so sufficient as to cause buyers to mistake, such goods can be ascertained as passing off the well-known goods. Peculiar names, packaging and decoration of goods shall be ascertained in accordance with the principle of the earliest use.

Article 5

Names, packaging or decoration used in similiarity to those of well-known goods may be ascertained through comprehensive analyses of the fact that its main part and whole image are in similiarity to those of well-known goods and the fact that mistaking may occur if an ordinary buyer pays an ordinary attention to it, etc.

Those on which mistaking or confusion have already occurred to general buyers may be ascertained as similiarity.

Article 6

When monitoring and inspecting unfair competition acts of passing off names, packaging or decoration peculiar to well-known goods, the authorities for the administration of industry and commerce at the county level or above shall ascertain well-known goods in conjunction with peculiar names, packaging or decoration.

Article 7

Where operators commit any act specified in Article 2 of the Provisions, the authorities for the administration of industry and commerce at the county level or above may impose a punishment on it/him in accordance with paragraph 2 of Article 21 of the Law for Countering Unfair Competition.

Article 8

Where an operator commits any act specified in Article 2 of the Provisions, the competent authorities for the administration of industry and commerce may dispose the infringing articles in the following ways in addition to punishment made in accordance with provisions of the preceding article:

1. To confiscate and destroy, or order and supervise the infringer to destroy, the unused packages and decorations in infringement;
   
   
2. To order and supervise the infringer to remove the infringing names, packages and decorations on the existing goods;
   
   
3. To confiscate the molders, printing plates and other tools of offense which are directly and specially used for printing and producing the infringing packages and decorations of the goods; and
   
   
4. To order and supervise the infringer to destroy the infringing goods in case that the taking of the preceding three measures cannot completely stop the infringing acts, or the infringing names, packages or decorations of the goods can hardly be separated from the goods.

Article 9

Operators who sell the goods with passing off names, packages or decorations peculiar to well-known goods which they obviously know or should know, shall be punished in accordance with Articles 7 and 8 of the Provisions.

Article 10

Where the packaging or decoration peculiar to well-known goods for which the operator of the well-known goods has obtained the patent right, the authorities for the administration of industry and commerce may impose a punishment on the infringer in accordance with the Law for Countering Unfair Competition and the Provisions.

Article 11

The Provisions shall enter into force as of the date of promulgation.