Regulation Of Unfair Competition In Textile Trade

Textile trade plays a decisive role in the development of national economy, which not only satisfies the needs of domestic market, but also helps to greatly increase the foreign exchange. With the development of economy, multiple unfair competition acts of textile trade are flooding in domestic and oversea markets, which seriously damage the fair competition, lawful rights and interests of operators and consumers and healthy development of economy. After China joined WTO, textile trade faces new challenges. To win the competition, it is necessary to study and analyze the unfair competition acts theoretically and practically and then improve the fair competition of textile trade.Firstly, the paper sets forth the origin, definition of unfair competition and various understandings of unfair competition in different nations and then defines the concept of unfair competition of textile trade. Based on the textile trade situations, the paper states the new challenges in the near future and the meaning of regulating unfair competition acts to textile trade.Secondly, the paper describes various unfair competition acts of textile trade in details, and analyzes them with many examples.Thirdly, the paper discusses unfair competition from the viewpoint of Intellectual Property Rights Law. By analyzing trademarks, copyrights and patents, the paper proposes how to protect fair competition and regulate unfair competition acts in the textile trade. Besides, it explains the definition, characters and performances of the parallel import. It also touches on the matters of two attitudes on the parallel import in different nations with two theories—Exhaustion Doctrine and Region Doctrine. By analyzing the impact and considering present situations, the paper announces to restrict parallel import in textile trade in China.Finally, the paper makes a discussion about the unfair competition acts of textile trade from the viewpoint of the Countering Unfair Competition Law. By analyzing confusion acts, misleading acts and selling goods at a price below the cost, it suggests how to regulate these unfair competition acts. Furthermore, the paper talks about the passing off acts of non-competitive operators in details and analyzes the reverse passing off acts from the viewpoint of competition law.