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	REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON THE ACT OF USING IDENTICAL OR SIMILAR PARTICULARIZED DECORATION STYLE OR FITMENT STYLE OF OTHER FAMOUS CATERING SERVICES WITHOUT PERMISSION

	(No.85 [2003] of the State Administration for Industry and Commerce June 25, 2003)


SUBJECT : DECORATION STYLE OR FITMENT STYLE; CATERING SERVICE
ISSUING DEPARTMENT : STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 06/25/2003
IMPLEMENT DATE : 06/25/2003
LENGTH : 222 words
TEXT :

Regarding request for Instruction on How to Determine the Nature of the Act of Using without Permission Identical or Similar Particularized Decoration Style or Fitment Style of Other Famous Catering Operators (No.33[2003] of the Administration for Industry and Commerce), we hereby make the following replay upon deliberation:

I. Since the term "commodities" includes "services" provided in paragraph 3, Article 2 of the
Anti-Unfair Competition Law of the People's Republic of China, the competition act in the service industry shall be governed by the Anti-Unfair Competition Law, and the administrative department for industry and commerce shall have the right to investigate into and handle any unfair competition act.

II. The upholstery in the catering services includes the style of decoration design or fitment that can beautify and identify the kind of service. Where the business operator uses identical or similar particularized decoration or fitment style of any other famous catering service without permission and cause or can sufficiently cause the consumers' confusion or mistakes in the market, which constitutes the unfair competition act provided in Section 2, Article 5 of the Anti-Unfair Competition Law, the business operator shall be punished according to the Anti-Unfair Competition Law and the Some Provisions on Prohibiting the Sort of Unfair Competition Conduct of Fraudulently Copying the Name, Package and the Upholstery owned Specially by the Famous Commodity.