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HomeHome > IP Practice&View > Unfair Competition

What activities constitute unfair competition?

Post time：03-26 2012 Author：admin
tags： unfair competition
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1.Acts that cause confusion with another person's well-known trade names, trademarks, containers, packages and the like because the unfair competitor's goods or services bear trade names, trademarks, packagings, etc. that is identical to or similar to those of the owner of the well-known trade names, trademarks, packaging, etc;
2.Acts that take a free-ride on the confidence, reliability or credit of a famous mark, symbol or any other configuration or the like by using marks, symbols or any other configurations that is identical to or similar to the famous mark, symbol or any other configuration;
Note: “Famous” denotes a degree of renown greater than “well-known.”
3.Acts of selling an exact copy of the original goods (except for when more than three years have passed since the original goods were first distributed in Japan);
4.Acts, such as theft or fraud, to obtain business secrets of a company by unjust means;
5.Acts of acquiring or holding a right to use a domain name that is identical to or similar to the mark, sign, configuration or the like (including but not limited to a name, trade name, trademark, mark or other indication) already in use in connection with goods or services provided by a second party, or the acts of using any such domain name(s), for the purpose of acquiring an illicit gain or causing injury to another person;
6.Acts that provide false representations of the geographic origin, qualities, contents, use, quantities, method of manufacturing, and the like with respect to the goods or services;
   The acts of making false statements or spreading malicious rumors that will undermine consumers' confidence in a certain party or make it difficult for a certain party to obtain credit for their representation.
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