Article 6 A business operator shall not perform any of the following confusing acts that will enable people to mistake its products for another business's products or believe certain relations exist between its products and any business's products:
1.unauthorized use of a mark that is identical or similar to the name, packaging or decoration of another business's commodity, which has influence to a certain extent;
2.unauthorized use of another business's corporate name (including its shortened name, trade name, etc.), the name of a social group (including its shortened name, etc.), or the name of an individual (including his or her pen name, stage name, translated name, etc.), which has influence to a certain extent;
3.unauthorized use of the main domain name, website name or webpage, which has
influence to a certain extent;
4.other confusing acts that are sufficient to enable people to mistake its products for another business's products or believe certain relations exist between its products and any business's products.
Article 7 A business operator shall not resort to bribery, by offering money or goods or by any other means, to any of the following entities or individuals, in order to seek a transaction opportunity or competitive advantage:
1.any employee of the counterparty in a transaction;
2.any entity or individual entrusted by the counterparty in a transaction to handle relevant affairs;
3.any other entity or individual that is to take advantage of powers or influence to influence a transaction.
A business operator may expressly give a discount to the counterparty or pay a commission to the middleman of a transaction in the course of transaction activities. Where a business operator gives a discount to the transaction counterparty or pays a commission to the middleman, it shall truthfully enter it in his account books. A business operator that accepts such discount or commission shall also enter it into its account books.
The act of an employee of a business operator bribing any other individual shall be deemed an act of the business operator itself, unless otherwise proven by the business operator with evidence that such act is not related to efforts in seeking a transaction opportunity or competitive advantage.
Article 8 A business operator shall not conduct commercial promotions for the performance, function, quality, sales status, user evaluation, honor received concerning its products in a false or misleading manner, attempting to cheat or mislead consumers.
A business operator shall not assist another business operator with its commercial promotions in a false or misleading manner by way of organizing false transactions or by other means.
Article 9 A business operator shall not engage in any of the following infringements of commercial secrets:
1.obtaining an obligee's commercial secrets by theft, bribery, intimidation, electronic
intrusion or other improper means;
2.disclosing, using, or allowing others to use an obligee's commercial secrets obtained by the means mentioned in the preceding paragraph;
3.disclosing, using or allowing others to use an obligee's commercial secrets in violation of confidentiality obligations or the obligee's requirements on keeping such commercial secrets confidential;
4.obtaining, disclosing, using or allowing any other to use an obligee's commercial secrets by instigating, temping or helping any other to violate the confidentiality obligations or the obligee's requirements on keeping such commercial secrets confidential.
Other natural persons, legal persons and unincorporated organizations other than the business operators who commit the illegal acts listed in the preceding paragraph shall be deemed as infringement of commercial secrets.
Where a third party knows or should know of the fact that an employee or former employee of the right owner of commercial secrets or any other entity or individual conducts any of the illegal acts specified in the first paragraph of this article, but still accepts, publishes, uses or allows any other to use such secrets, such practice shall be deemed as infringement of commercial secrets.
For the purpose of this Law, commercial secrets refer to any technical information, operational information or commercial information which is not known to the public and has commercial value, and for which its obligee has adopted measures to ensure its confidentiality.
Article 10 The prize-attached sale activities of a business operator shall not involve the following situations:
1.making sales with prizes attached without expressly specifying the prize types, terms for collecting prizes, the amounts of cash or the goods as prizes, or other related information that will affect the collection of prizes;
2.making sales with prizes attached in a fraudulent manner by falsely claiming the
existence of prizes or intentionally causing internally-chosen persons to win the
prizes;
3.making sales with prizes attached in the form of a lucky draw where the amount of the highest prize exceeds CNY50, 000.
Article 11 A business operator shall not fabricate or disseminate any false information or misleading information to injure the credit standing of its rival or the reputation of its rival's commodities.
Article 12 A business operator that makes use of the network to engage in production and business activities shall abide by all the provisions herein.
It shall not perform any of the following acts that impede or disrupt the normal operation of network products or services legally provided by other business operators, by taking advantage of technical means to influence users' choices or otherwise,
1.inserting a link into a network product or service legally provided by another operator to compel a destination jump without the approval of such operator;
2.misleading, deceiving or compelling users into modifying, closing, or uninstalling a network product or service legally provided by another business operator;
implementing in bad faith an incompatibility with a network product or service legally provided by another business operator; or
any other act that impedes or disrupts the normal operation of network products or services legally provided by another business operator.