According to the provisions of the "Food Safety Law", "Trademark Law" and "Trademark Law Implementation Regulations", for suspected illegal activities of counterfeiting trademarked wine, if the counterfeit brand of wine meets the relevant standards after testing, it should be handed over The industrial and commercial department will handle the matter. If the counterfeit brand of wine does not meet the relevant standards after testing, it should mainly be handled by the food and drug administration department.

Article 2 of the "Trademark Law" stipulates that "The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide." It can be seen that the management of trademarks is the responsibility of the industrial and commercial departments.

Article 5, paragraph 2, of the "Food Safety Law" stipulates, "The food and drug regulatory department of the State Council shall supervise and manage food production and trading activities in accordance with this Law and the responsibilities prescribed by the State Council." It can be seen from this that, Food is the responsibility of the Food and Drug Administration.

The penalty basis of the "Trademark Law" is as follows:

Article 60 of the "Trademark Law" stipulates, "If the industrial and commercial administrative department determines that the infringement is established, it shall be ordered to stop immediately. For infringement, confiscation and destruction of infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed If there is no illegal business or the illegal business is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If there are more than two trademark infringements within five years or there are other serious circumstances. , should be severely punished. If you sell goods that are not known to infringe the exclusive rights of registered trademarks, and you can prove that you obtained the goods legally and explain the supplier, you will be ordered to stop selling them by the industrial and commercial administration department. ” p>

The penalty basis of the "Food Safety Law" is as follows:

Article 124 of the "Food Safety Law" stipulates that "violation of the provisions of this law and any of the following circumstances shall not If a crime is constituted, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the food and food additives produced and operated illegally, and may also confiscate the tools, equipment, and raw materials used in the illegal production and operation. and other items; if the value of food and food additives illegally produced and operated is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; if the value of the food or food additives exceeds 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; A fine of not less than ten times but not more than twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked:

(1) Production and operation are contaminated by pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals, etc. Substances and other foods and food additives whose content exceeds food safety standards and other substances harmful to human health"