The Legal Definition And Differentiation Of Market Confusion Behaviors

The essential fact of market economy is competition.With the reform and opening-up,market competitions are becoming fiercer than before.The majority of market subjects input their time and energy in improving 'market competitive capability by the creation of new growths.While,many market subjects break principles of Fair and Sincere and go against accepted rules of business ethics,selling large amounts of goods(hereinafter referred to as the "commodity")by cheating or plagiarizing.This trend not only makes customers confused,but also infringes the lawful rights and interests of others.And these cases belong to market confusion behaviors and disturb the competition order in market.In market economies,market confusion behaviors have universality to a certain extent.Different international organizations and national governments enact legislations to prohibit it,China is no exception.In recent years,the development of our economic was steady and sustained high speed,the market confusion behaviors become complication,diversification and globalization.It also somewhat reflects the deficient in Anti-Unfair Competition Law.And the problem of legal definition and differentiation of market confusion behaviors was particularly strong.This case has reached a high level of concern by legislator.Under this background,this paper makes a system research to The legal definition and differentiation of market confusion behaviors,by definition the connotation of market confusion behaviors,extension distinction of market confusion behaviors,representation of market confusion behaviors and legislative inspection of legal definition and differentiation of market confusion behaviors of China.This text(excluding the introduction and conclusion)contains a total of four parts.The full text has a total of 37thousand words.Part I,definition the connotation of market confusion behaviors.This part is about the definition of market confusion behaviors.Firstly,by using comparison analysis of global markets to generalize the suitable definition for China.Secondly,concluding the legal characteristics of market confusion behaviors base on the conception of market confusion behaviors.Part II,extension distinction of market confusion behaviors.This part indicates the component of market confusion behaviors,which includes market confusion behaviors and trademark infringement behaviors,market confusion behaviors and weakening of trademark behaviors and market confusion behaviors with false propaganda behaviors.Part III,representation of market confusion behaviors.This part shows expression form of market confusion behaviors.According to the definition of the connotation of market confusion behaviors and extension distinction of market confusion behaviors,and by research global legislations and combining with China's reality,it is easy to summarize the four main appearances of market confusion behaviors.Part IV,legislative Inspection of legal definition and differentiation of market confusion behaviors of China.This part mainly shows legislative inspection of legal definition and differentiation of market confusion behaviors of China in a practical point of view.By analyzing Anti-Unfair Competition Law and current legislative situation to suggest some ways which can improve the legal definition and differentiation market confusion behaviors.