Article 2 These Regulations are applicable to punishing the production and sale of fake and inferior commodities within the administrative area of this province, and providing conditions and convenience for the production and sale of fake and inferior commodities, and providing business services by using fake and inferior commodities (hereinafter referred to as counterfeiting).
Article 3 Local people's governments at all levels shall strengthen their leadership over anti-counterfeiting work, establish a responsibility system for anti-counterfeiting work, and urge and coordinate all departments to carry out anti-counterfeiting work according to law.
The quality and technical supervision departments at or above the county level and the administrative departments for industry and commerce shall be responsible for anti-counterfeiting work in accordance with their statutory duties. Where laws and administrative regulations stipulate that other relevant departments shall be responsible, such provisions shall prevail.
Quality and technical supervision departments at or above the county level shall, in accordance with state regulations, jointly with relevant departments to carry out anti-counterfeiting activities according to law.
Article 4 Consumers' associations, trade associations, news organizations and other relevant organizations shall strengthen social supervision and public opinion supervision over the production and sale of fake and shoddy goods, and cooperate with and assist the government and relevant departments to carry out anti-counterfeiting work.
Article 5 It is forbidden to produce and sell fake and inferior commodities; It is forbidden to provide conditions and convenience for the production and sale of fake and shoddy goods; It is forbidden to use fake and shoddy goods to provide business services.
Any unit or individual has the right to supervise and report acts in violation of the provisions of the preceding paragraph.
Article 6 Commodities under any of the following circumstances are fake and shoddy commodities:
(a) does not meet the national standards and industry standards to protect human health and personal and property safety;
(two) adulteration, fake as real, old as new, shoddy or substandard goods as qualified goods;
(three) expired, invalid or deteriorated;
(four) eliminated by the state;
(5) Forging or falsely using another person's factory name, address or commodity origin;
(six) forgery, fraudulent use of certification marks and other quality marks or quality certification documents;
(seven) posing as a registered trademark or infringing upon the exclusive right to use a registered trademark of others;
(eight) posing as a patent or infringing on the patent right of others;
(nine) illegal production and sale of publications or infringement of the copyright of others;
(10) Forging the production date, safe use period, validity period, expiration date or shelf life;
(eleven) knowing or should know that it is fake and shoddy raw materials, parts and components for processing, production or assembly.
Article 7 Commodities under any of the following circumstances are fake and shoddy commodities:
(a) the licensing system, quality and safety market access and quasi-production system are implemented according to law, but the production and sales have not obtained legal certificates;
(2) Failing to implement the standards;
(three) there is no inspection certificate or the commodity name, factory name and address are not marked in Chinese;
(four) the main components and contents of the goods should be marked but not marked;
(5) Warning signs or Chinese warning instructions should be marked.
Eighth knowing or should know that others produce and sell fake and shoddy goods, under any of the following circumstances, to provide conditions and convenience for the production and sale of fake and shoddy goods:
(1) Providing sites, equipment, materials and funds or providing warehousing, storage and transportation services;
(2) imparting and providing technologies and methods for producing fake and inferior commodities;
(3) Providing advertising services by design, production, agency, release or other means;
(4) Providing bills and account numbers, signing contracts on behalf of others, or providing false certification materials;
(five) the organizers of the fair did not fulfill the responsibility of examination, resulting in fake and shoddy goods entering the fair venue;
(6) Making, selling or providing signs, packaging, decoration and tools for making them;
(seven) other acts to provide conditions and convenience for the production and sale of fake and shoddy goods.
Article 9 Whoever uses the fake and inferior commodities listed in Articles 6 and 7 of these Regulations for business services or as prizes and gifts for business activities, and holds and stores the fake and inferior commodities listed in Articles 6 and 7 of these Regulations obviously exceeds the reasonable self-use quantity range, shall be punished as selling fake and inferior commodities.
Tenth quality and technical supervision, industry and commerce administration and other relevant administrative law enforcement departments at or above the county level shall cooperate with each other to conduct key inspections on the following commodities:
(1) Commodities such as food, salt, tobacco, cosmetics, medicines, medical devices and household appliances that may endanger human health and personal and property safety;
(two) agricultural means of production, building materials, petrochemical products and other important commodities that affect the national economy and people's livelihood;
(3) Import and export commodities;
(four) goods suspected of counterfeiting well-known trademarks, well-known trademarks or counterfeit well-known brands;
(5) Commodities with serious quality problems reported by consumers and relevant organizations.
Eleventh at or above the county level quality and technical supervision, industrial and commercial administrative departments in accordance with their respective responsibilities, according to the evidence or report of suspected violations, investigate and deal with suspected violations of these regulations, can exercise the following functions and powers:
(a) to conduct on-site inspection of the places where the parties are suspected of engaging in business activities in violation of these regulations;
(two) to investigate the legal representative, principal responsible person and other relevant personnel of the parties to understand the situation related to the business activities suspected of violating these regulations;
(three) to consult and copy the relevant contracts, documents, account books and other relevant materials of the parties;
(4) To seal up and detain commodities that have evidence to prove that they do not meet the national standards and industrial standards for protecting human health and personal and property safety or have other serious quality problems, as well as raw and auxiliary materials, packaging materials and production tools directly used for producing and selling the commodities.
Twelfth administrative law enforcement departments in the investigation of suspected violations of these regulations, any unit or individual shall truthfully provide information and relevant information, and shall not refuse or interfere.
No unit or individual may unseal, transfer, sell, conceal or damage the suspected counterfeit and shoddy goods for which compulsory measures have been taken.
Thirteenth suspected fake and shoddy goods need to be inspected, the administrative law enforcement department shall take samples to collect evidence, and the statutory inspection agency shall issue a written inspection report within the prescribed time limit; Anyone suspected of fraudulently using another person's commodity logo may also be identified by the infringer, who shall truthfully issue an identification report within seven days from the date of receiving the inspection sample. The administrative law enforcement department shall handle the matter within seven days from the date of receiving the inspection report or appraisal report; If it does not belong to fake and shoddy goods, it shall return the samples to the operators within three days.
Fourteenth administrative law enforcement departments found that the case is not under the jurisdiction of the department, it should be transferred to the administrative law enforcement departments with jurisdiction within five days; Suspected of committing a crime, it shall be transferred to the public security organ within five days; If the public security organ considers that the investigation does not constitute a crime, it shall transfer it to the relevant administrative law enforcement department for handling within five days. If the transfer department does not accept it, it shall explain the reasons in writing within five days.
When transferring a case, the investigation materials and relevant property shall be transferred together.
Fifteenth measures to seal up or detain shall be approved by the person in charge of the administrative law enforcement department at or above the county level. If it is verified that it does not belong to fake and shoddy goods, the measures of sealing up and detaining shall be lifted within three days from the date of making the appraisal conclusion; If losses are caused, compensation shall be made according to law.
Article 16 If the whereabouts of the operators of counterfeit and shoddy goods seized are unknown, the administrative law enforcement department may issue an announcement and order them to go to the administrative law enforcement department for handling within 30 days from the date of the announcement; If no correction is made within the time limit, the administrative law enforcement department may deal with the fake and shoddy goods together with the items involved in the case according to law, but it does not exempt the illegal operators from legal responsibility.
Seventeenth complaints and reports of acts in violation of the provisions of this Ordinance, the administrative law enforcement departments shall accept, promptly inform the complainant and informer of the results, and keep them confidential; If it is not accepted, it shall promptly explain the reasons and reasons.
Report the business behavior in violation of the provisions of this Ordinance, which is verified by verification, and the administrative law enforcement department will reward the informant for actually collecting the fines 1% or more 10% or less; If the fine is not actually collected in the case, a reward of less than 5,000 yuan will be given. Bonuses are paid in the funds for handling cases or the funds stipulated by the state.
Eighteenth administrative law enforcement departments should strengthen the construction of administrative law enforcement team, establish and improve the law enforcement responsibility system, fault investigation system, training and assessment, rewards and punishments and other systems, improve law enforcement procedures, strengthen the supervision and inspection of administrative law enforcement.
Administrative law enforcement personnel shall undergo training and examination. In the inspection according to law, there should be more than two administrative law enforcement personnel to participate, and produce administrative law enforcement certificates, perform their duties according to law, enforce the law impartially, and keep business secrets for the parties.
Article 19 Where the commodities produced and sold are in any of the circumstances specified in Item (1) of Article 6 of these Regulations, they shall be ordered to stop production and sale, the commodities produced and sold illegally shall be confiscated, and a fine of less than three times the value of the commodities produced and sold illegally (including the sold and unsold commodities, the same below) shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
Where the commodities produced and sold are under the circumstances specified in Item (2) of Article 6 of these Regulations, they shall be ordered to stop production and sales, the commodities produced and sold illegally shall be confiscated, and a fine of more than 50% and less than three times the value of the commodities produced and sold illegally shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
Where the commodities produced and sold are under the circumstances specified in Item (3) of Article 6 of these Regulations, they shall be ordered to stop production and sales, the commodities illegally produced and sold shall be confiscated, and a fine of more than 20% and less than 2 times the value of the commodities illegally produced and sold shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
Where the commodities produced and sold are under the circumstances specified in Item (4) of Article 6 of these Regulations, they shall be ordered to stop production and sales, the commodities produced and sold illegally shall be confiscated, and a fine of more than 10% and less than 10% of the value of the commodities produced and sold illegally shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
Where the commodities produced and sold are under the circumstances specified in Item (5), Item (6) and Item (11) of Article 6 of this Ordinance, it shall be ordered to make corrections, the commodities produced and sold illegally shall be confiscated, and a fine of more than 10% and less than 10% of the value of the commodities produced and sold illegally shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
The commodities produced and sold are under the circumstances specified in Item (10) of Article 6 of these Regulations, and if the circumstances are serious, they shall be ordered to stop production and sales, and be fined less than 30% of the value of the illegally produced and sold commodities; Illegal income, if any, shall also be confiscated.
Where the goods produced or sold are in the circumstances specified in Item (7), Item (8) and Item (9) of Article 6 of these Regulations, they shall be punished in accordance with the provisions of the Trademark Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC) and the Copyright Law of People's Republic of China (PRC) respectively.
Article 20 Whoever produces or sells the commodities specified in Items (1) and (2) of Article 7 of these Regulations shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the illegally produced and sold commodities shall be confiscated and a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be imposed; Illegal income, if any, shall also be confiscated.
Where the commodities produced and sold are under the circumstances specified in Items (3), (4) and (5) of Article 7 of these Regulations, they shall be ordered to make corrections; Packaged goods should be marked with no warning signs or instructions in Chinese. If the circumstances are serious, it shall be ordered to stop production and sales, and a fine of less than 30% of the value of illegal production and sales of goods shall be imposed; Illegal income, if any, shall also be confiscated.
Article 21 Anyone who commits one of the acts listed in Item (1), Item (2) and Item (4) of Article 8 of these Regulations shall be ordered to make corrections, his illegal income shall be confiscated, and a fine of more than 50% and less than 3 times of his illegal income shall be imposed.
Any act in Item (3) of Article 8 of these Regulations shall be punished in accordance with the provisions of the Advertising Law of People's Republic of China (PRC).
Any act specified in Item (5) of Article 8 of this Ordinance shall be ordered to make corrections, and a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed; Illegal income, if any, shall also be confiscated.
One of the acts listed in Item (6) of Article 8 of this Ordinance shall be ordered to make corrections, and the production tools, raw and auxiliary materials and semi-finished products specially used for manufacturing counterfeit commodity labels and packaging materials shall be confiscated, and a fine of less than 3 times the value of counterfeit commodity labels and packaging materials shall be imposed; Illegal income, if any, shall also be confiscated.
Article 22 Whoever uses fake and shoddy commodities listed in Items (1), (2), (3) and (4) of Article 6 of these Regulations for business services or as prizes or gifts for business activities shall be ordered to stop using them; Whoever knows or should know that the goods used are prohibited from being sold in accordance with the provisions of these regulations shall be punished in accordance with the value of the illegally used goods (including used and unused goods) and the penalties imposed on the sellers.
Twenty-third do not truthfully provide information and relevant materials or refuse or interfere with the inspection according to law, given a warning and ordered to make corrections; Refuses to correct, shall be ordered to suspend business for rectification.
Those who unseal, transfer, sell, conceal or destroy the sealed-up or detained articles shall be fined less than three times the value of the transferred, sold, concealed or destroyed articles; Illegal income, if any, shall also be confiscated.
Twenty-fourth laws and administrative regulations have provisions on administrative punishment for acts in violation of these regulations, such provisions shall prevail.
Article 25. Raw and auxiliary materials, packaging materials and production tools that violate the provisions of these Regulations and produce commodities that do not meet the national standards and industrial standards for protecting human health and personal and property safety, or commodities explicitly eliminated by the state, or commodities that are fake and genuine, shall be confiscated.
Article 26 The administrative punishment stipulated in Articles 19 to 23 of these Regulations shall be decided by the quality and technical supervision department at or above the county level or the administrative department for industry and commerce according to their respective functions and powers. Where laws and administrative regulations provide otherwise for the organ exercising the power of administrative punishment, such provisions shall prevail.
Twenty-seventh state functionaries who commit one of the following acts shall be given administrative sanctions by their units or relevant competent departments; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) shielding, conniving and supporting acts in violation of the provisions of these regulations;
(two) inform the parties who violate the provisions of these regulations and help them escape investigation;
(three) obstruct or interfere with the administrative law enforcement departments to investigate and deal with acts in violation of the provisions of these regulations, resulting in serious consequences;
(four) take revenge on informants;
(five) other illegal acts as prescribed by laws and regulations.
Article 28 Where local people's governments at all levels and other state organs cover up or condone acts that violate the provisions of these Regulations, or fail to crack down on counterfeiting and shoddy goods, or fail to achieve the goal of rectification within a time limit, resulting in heavy losses and adverse effects, administrative sanctions shall be imposed on their principal responsible persons and those directly responsible; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-ninth administrative law enforcement departments of administrative law enforcement personnel neglect management, resulting in serious consequences, the main person in charge shall be given administrative sanctions.
Administrative law enforcement personnel who abuse their powers, neglect their duties or engage in malpractices for selfish ends shall be given administrative sanctions.
Thirtieth whoever violates the provisions of these regulations and damages the rights and interests of others shall bear civil liability according to law. Bear civil liability for compensation and pay fines and fines, and when the property is not enough to pay at the same time, bear civil liability first.
Thirty-first administrative law enforcement departments to collect fines and confiscation of goods, should be issued to the parties concerned by the provincial finance department issued a unified confiscation receipt, fines shall be promptly turned over to the state treasury.
Fake and shoddy goods, production tools, raw and auxiliary materials, packaging materials and semi-finished products confiscated in accordance with these regulations shall be destroyed or otherwise disposed of in accordance with relevant state regulations, and shall not be directly sold.
Article 32 If a party refuses to accept a specific administrative act, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 33 The value of counterfeit and shoddy goods mentioned in these Regulations shall be calculated by the marked price of the illegally operated goods; If there is no marked price, it shall be calculated according to the market price of similar goods.
Article 34 These Regulations shall come into force as of 20011.