Chapter Ⅲ  Investigations into Suspected Unfair Co 2021-04-13 01:24:35

 


Article 13  The supervision and inspection authorities may adopt any of the following measures to investigate suspected unfair competition conduct:
1.accessing the business premises involved in a suspected unfair competition act for inspection;
2.questioning the business operator under investigation, any interested party, or any other related entity or individual, and requiring them to explain relevant situations or provide other materials in relation to the investigated act;
3.inquiring into and copying the contracts and agreements, account books, vouchers, documents, records, business correspondence and other materials related to a suspected unfair competition act;
4.sealing up and/or detaining the property involved in a suspected unfair competition
act; and
5.inquiring into the bank account of a business operator that is suspected of an unfair competition act.
Before any measure specified in the preceding paragraph is adopted, a written report shall be submitted to the principal of the supervision and inspection authority for his or her approval. Where the measure specified in Item 4 or Item 5 of the preceding paragraph is to be adopted, a written report shall be submitted to the principal of the supervision and inspection authority under the people's government at or above the level of a city with district division for his or her approval.
The supervision and inspection authorities shall abide by the Administrative Coercion Law of the People's Republic of China and other applicable laws and administrative regulations while looking into suspected unfair competition acts, and disclose the investigation and handling results to the public in a timely manner.

 

Article 14  The business operators subject to investigation, interested parties, and other related entities or individuals, shall truthfully provide the relevant materials or information when the supervision and inspection authorities are investigating suspected unfair competition conduct.
 

Article 15  The supervision and inspection authorities and their staff members shall keep confidential any commercial secrets known to them during the investigations.
 

Article 16  Any entity or individual shall have the right to report any suspected unfair competition acts to the supervision and inspection authority. The supervision and inspection authority shall promptly deal with such reports according to the law upon receipt of these reports.
The supervision and inspection authorities shall make available to the public the phone numbers, mailing addresses or email addresses for such reports and keep the identities of informants confidential. For real-name informants who present evidence for their claims, the supervision and inspection authorities shall inform them of the handling results.

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