For individual merchants or limited liability companies that violate the provisions of industrial and commercial administration, the industrial and commercial administration department can make a decision on administrative punishment, and there must be certain procedures for executing the punishment. Procedures for Administrative Punishment of the Administration for Industry and Commerce The Provisions on Administrative Punishment Procedures of the Administration for Industry and Commerce was promulgated by Order No.28 of the State Administration for Industry and Commerce on September 4, 27, and revised according to the Decision of the State Administration for Industry and Commerce on Amending Relevant Rules in accordance with the Administrative Enforcement Law of the People's Republic of China promulgated by Order No.58 of the State Administration for Industry and Commerce of the People's Republic of China on December 12, 211. The Regulations are divided into general provisions, jurisdiction, general procedures of administrative punishment, investigation and evidence collection, summary procedures of administrative punishment, period, delivery, execution of administrative punishment, filing and supervision, and supplementary provisions, which are 9 chapters and 9 articles, and shall come into force as of October 1, 27. On October 17, 1996, the State Administration for Industry and Commerce issued the Interim Provisions on the Administrative Punishment Procedure of the Administration for Industry and Commerce. I. General Procedures for Administrative Punishment 1. The administrative department for industry and commerce that files a case discovers and investigates illegal acts according to its supervisory and inspection powers, or through complaints, appeals, reports, transfers from other organs, and assignments from higher authorities. 2. After investigation and evidence collection, the case-handling personnel shall promptly investigate, collect and obtain evidence, and may conduct inspection in accordance with the provisions of laws and regulations. 3. The main contents of the case review include: (1) Whether the case handled has jurisdiction; (2) Whether the basic information of the parties is clear; (3) Whether the facts of the case are clear and the evidence is sufficient; (four) whether the qualitative is accurate; (5) Whether the basis for application is correct; (six) whether the punishment is appropriate; (seven) whether the procedure is legal. 4. When deciding that the administrative department for industry and commerce makes a decision on administrative punishment, it shall make a written decision on administrative punishment. The contents of the written decision on administrative punishment include: (1) Basic information such as the name and address of the party concerned; (2) Facts and evidence in violation of laws, regulations or rules; (three) the content and basis of administrative punishment; (four) the circumstances and reasons for adopting the statements and defenses of the parties; (five) the way and time limit for the performance of administrative punishment; (six) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision on administrative punishment; (seven) the name of the administrative department for industry and commerce that made the decision on administrative punishment and the date of making the decision. The written decision on administrative punishment shall be stamped with the seal of the administrative department for industry and commerce that made the decision on administrative punishment. II. Summary Procedure of Administrative Punishment Article 6 If the illegal facts are conclusive and there is a legal basis, and an administrative punishment of less than 5 yuan is imposed on a citizen, or a fine of less than 1, yuan or a warning is imposed on a legal person or other organization, a decision on punishment may be made on the spot. Article 61 If a summary procedure is applied to investigate and deal with an illegal act on the spot, the case-handling personnel shall investigate the illegal facts on the spot, make a record of on-site inspection and inquiry, collect necessary evidence, and fill in a written decision on administrative punishment with a predetermined format and number. The written decision on administrative punishment shall be delivered to the parties on the spot and signed or sealed by the parties and the case handlers. Article 62 The written decision on administrative punishment stipulated in the preceding article shall clearly state the basic information of the parties, the illegal act, the basis of administrative punishment, the type of punishment, the amount of the fine, the time, place, the relief channels and the name of the administrative organ, and affix the seal of the administrative organ. Article 63 Before making a decision on administrative punishment, the case-handling personnel shall inform the parties of the facts, reasons and basis for making the decision on administrative punishment, and inform them of their right to make statements and defend themselves. If a party makes a defense, the case-handling personnel shall record it in the record. Article 64 The case-handling personnel shall submit the relevant materials for investigating and handling cases by summary procedure to the administrative department for industry and commerce where they belong for filing and preservation. Administrative institutions should also carry out administrative punishment according to certain procedures. Therefore, not only individuals and enterprises, but also administrative institutions are bound by certain laws and regulations, and law enforcement agencies should carry out punishment according to legal procedures. Legal objectivity:
Article 6 of the Trademark Law of the People's Republic of China commits one of the acts listed in Article 57 of this Law that infringe on the exclusive right to use a registered trademark, and if a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the 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, it may be fined less than five times the illegal business amount, and if there is no illegal business amount or the illegal business amount is less than 5, yuan, it may be fined less than 25, yuan. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment.