2. selling products with false factory names and addresses violates Article 37 of the Product Quality Law. "Sellers shall not forge the place of origin, nor forge or falsely use other people's factory names and addresses." According to Article 53 of the Product Quality Law, the Industrial and Commercial Bureau "forges the place of origin of products, forges or fraudulently uses the name and address of others, forges or fraudulently uses quality marks such as certification marks, etc., shall be ordered to make corrections, confiscate the products illegally produced and sold, and impose a fine of less than the value of the products illegally produced and sold; If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, the business license shall be revoked. " The provisions of the punishment.
3. Whoever produces goods with another person's registered trademark without the permission of the owner of the registered trademark violates the provision of Item (1) of Article 57 of the Trademark Law that "a trademark identical to its registered trademark is used on the same kind of goods without the permission of the trademark registrant". If the industrial and commercial bureau finds that the infringement is established according to Article 6 of the Trademark Law, it shall be ordered to immediately stop the infringement. Confiscation and destruction of infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks, if the illegal business amount is more than 5, yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 5, yuan, a fine of less than 25, yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. If the seller does not know that it is a commodity that infringes the exclusive right to use a registered trademark, and can prove that the commodity is legally obtained by himself and explain the provider, the administrative department for industry and commerce shall order it to stop selling. " The provisions of the punishment.
4. Those who produce products that use the name and address of the factory and goods that use the registered trademarks of others, shall be punished by the Quality Supervision Bureau and the Industrial and Commercial Bureau respectively according to the provisions of the Product Quality Law and the Trademark Law. If the case constitutes a crime, it shall be handed over to the public security organ for criminal responsibility.
5. In the case of selling products with fraudulent use of factory names and addresses and producing goods with fraudulent use of registered trademarks of others, there is no clear stipulation in the administrative laws on whether the two illegal acts should be dealt with together or separately. Generally, the industrial and commercial bureau will impose combined punishment according to the provisions of the Product Quality Law and the Trademark Law, and if the case constitutes a crime, it will be handed over to the public security organ for criminal responsibility.