breaking the law.

according to the provisions of article 55 of the trademark law, the industrial and commercial authorities may seal up or detain articles that are proved by evidence to be infringing on the exclusive right of others to use a registered trademark.

It can be seen that in order to take compulsory measures, there must be "evidence to prove" that the goods involved are infringing goods. If the complainant only issues an appraisal report, without specifying the way, method, basis for distinguishing between authenticity and falsehood, etc., and cannot play the role of "proof with evidence", compulsory measures of sealing up or seizure cannot be taken.

according to the provisions of article 37 of the administrative punishment law, the evidence shall be registered and preserved in advance, and the complainant shall be required to provide corresponding guarantees according to the actual situation. In addition, the industrial and commercial authorities should investigate and collect evidence legally, fairly and promptly in the process of handling cases.

asking the parties to provide evidence within a time limit is only a way to collect evidence, and administrative punishment against them cannot be made just because they refuse to provide evidence.

Extended information:

1. The supervision and management system of cross-border goods

uses the "local protection behavior" of the government. Contact with local industrial and commercial departments to print anti-counterfeiting self-adhesive stickers; Form dealer clubs and hold salons from time to time to enhance the feelings between dealers; Take measures such as lottery and reporting rewards; It is also the best way, that is, combining anti-counterfeiting and anti-impact goods (described in detail later), and using consumers and professional anti-impact goods companies to assist enterprises in anti-impact goods.

2. Harm of cross-selling

Once the price is confused, the profit of middlemen will be damaged, which will lead middlemen to distrust the manufacturers and lose confidence in distributing their products until they refuse to sell them. Suppliers are weak in monitoring the phenomenon of counterfeit goods and goods smuggling, and the regional price difference is wide, which makes consumers afraid of counterfeit goods and being cheated.

damage the brand image, so that the early investment can not get a reasonable return. Competing brands will take advantage of it and take its place. Consumers can't enjoy normal after-sales service guarantee.

3. Performance of cross-selling

In order to achieve sales targets and achieve performance, branches often sell goods to brother branches with large demand, resulting in cross-selling between branches.

goods smuggling among middlemen: the supply and demand relationship between Party A and Party B is unbalanced, and the goods may be sold at low prices in the two places. In order to reduce losses, dealers dump expired or about to expire products at low prices, which is even worse. The phenomenon of goods smuggling is that dealers mix fake and shoddy goods with genuine products to grab shares.