Article 1 In order to punish the production and sale of counterfeit and shoddy goods, protect the legitimate rights and interests of consumers and operators, and maintain social and economic order, in accordance with the "Law of the People's Republic of China and Domestic Product Quality Law" and other relevant These regulations are formulated in accordance with the provisions of laws and administrative regulations and in combination with the actual conditions of the province.

Article 2: These Regulations shall apply to the punishment of the production and sale of counterfeit and shoddy goods within the administrative region of this province, as well as the provision of conditions and convenience for the production and sale of counterfeit and shoddy goods, and the use of counterfeit and shoddy goods to provide business services ( Hereinafter referred to as anti-counterfeiting).

Article 3: Local people's governments at all levels shall strengthen leadership over anti-counterfeiting work, establish a responsibility system for anti-counterfeiting work, and supervise and coordinate various departments to carry out anti-counterfeiting work in accordance with the law.

Quality and technical supervision departments and industrial and commercial administrative departments at or above the county level are responsible for combating counterfeiting in accordance with their legal responsibilities. If laws and administrative regulations stipulate that other relevant departments are responsible, such provisions shall prevail.

Quality and technical supervision departments at or above the county level shall, in accordance with national regulations, work with relevant departments to carry out anti-counterfeiting activities in accordance with the law.

Article 4 Consumer associations, industry associations, news organizations and other relevant organizations shall strengthen social supervision and public opinion supervision over the production and sale of counterfeit and shoddy goods, and cooperate and assist the government and relevant departments in carrying out Anti-counterfeiting work.

Article 5: It is prohibited to produce and sell counterfeit and shoddy goods; it is prohibited to provide conditions and convenience for the production and sale of counterfeit and shoddy goods; it is prohibited to use counterfeit and shoddy goods to provide business services.

Any unit or individual has the right to supervise and report violations of the provisions of the preceding paragraph.

Article 6: Goods that fall under any of the following circumstances are counterfeit and shoddy goods:

(1) Do not comply with national standards and industry standards that protect human health and personal and property safety;

(2) Adulteration, passing off fake as genuine, old as new, substandard goods as good or substandard goods as qualified goods;

(3) Expired, Invalid or spoiled;

(4) Eliminated by state order;

(5) Forged or falsely used other people’s factory name, factory address or product origin;

(6) Forging or using quality marks such as certification marks or quality certification documents;

(7) Counterfeiting registered trademarks or infringing on the exclusive rights of others to register trademarks;

(8) ) Counterfeiting a patent or infringing upon the patent rights of others;

(9) Illegally producing and selling publications or infringing upon the copyright of others;

(10) Forging the production date, safe use period, The validity period, expiration date or shelf life;

(11) Knowing or should know that the products are processed, produced or assembled with counterfeit and inferior raw materials and parts.

Article 7: Goods that fall under any of the following circumstances are deemed to be counterfeit and shoddy goods:

(1) The license system, quality and safety market access, and production approval system are implemented in accordance with the law, and Production and sales without legal certificates;

(2) No implementation standards;

(3) No inspection certificate or failure to indicate the product name, factory name and factory address in Chinese ;

(4) The main ingredients and contents of the goods should be marked but are not;

(5) Warning signs or Chinese warning instructions should be marked but are not.

Article 8 Anyone who knows or should know that others are producing or selling counterfeit and shoddy goods and has any of the following circumstances shall be deemed to be providing conditions and convenience for the production and sale of counterfeit and shoddy goods:

( 1) Providing venues, equipment, materials, funds, or providing warehousing, storage, transportation and other services;

(2) Teaching and providing technologies and methods for producing counterfeit and shoddy goods;

(3) Providing advertising services through design, production, agency, publishing or other means;

(4) Providing bills, account numbers, signing contracts on behalf of others, or providing false certification materials;

(5) The organizer of the exhibition fails to perform inspection and other responsibilities, resulting in counterfeit and shoddy goods entering the exhibition venue;

(6) Producing, selling, providing logos, packaging, decoration or production tools ;

(7) Other behaviors that provide conditions and convenience for the production and sale of counterfeit and shoddy goods.

Article 9 Using counterfeit and shoddy goods listed in Articles 6 and 7 of these Regulations for commercial services or as prizes or gifts for business activities, and holding or storing the counterfeit goods listed in Article 6 of these Regulations . If the counterfeit and shoddy goods listed in Article 7 obviously exceed the reasonable quantity range for personal use, they shall be deemed to be selling counterfeit and shoddy goods.

Article 10 Quality and technical supervision, industrial and commercial administration and other relevant administrative law enforcement departments at or above the county level shall cooperate with each other to carry out key inspections of the following commodities:

(1) Food and salt , tobacco, cosmetics, medicines, medical equipment, home appliances and other commodities that may endanger human health and personal and property safety;

(2) Agricultural production materials, building materials, petrochemical products and other important commodities that affect the national economy and people's livelihood ;

(3) Imported and exported goods;

(4) Goods suspected of counterfeiting well-known trademarks, famous trademarks or counterfeit famous brands;

(5) Consumers , products with serious quality problems reported by relevant organizations.

Article 11 The quality and technical supervision and industrial and commercial administrative departments at or above the county level shall, in accordance with their respective scope of responsibilities and based on the obtained evidence of suspected violations of law or reports, investigate and deal with suspected violations of these Regulations, they may Exercise the following powers:

(1) Conduct on-site inspections of places where parties are suspected of engaging in business activities that violate these regulations;

(2) Report to the legal representative and principal responsible person of the parties and other relevant personnel to investigate and understand situations related to business activities suspected of violating these regulations;

(3) Check and copy the contracts, bills, account books and other relevant materials related to the parties;

(4) Products that are reasonably believed to be incompatible with national standards and industry standards for protecting human health and personal and property safety, or products with other serious quality problems, as well as raw materials and auxiliary materials directly used in the production and sale of such products Materials, packaging, and production tools shall be sealed or detained.

Article 12: When the administrative law enforcement departments investigate and deal with suspected violations of these regulations, any unit or individual shall truthfully provide the situation and relevant information, and shall not refuse or interfere.

No unit or individual may unseal, transfer, sell, conceal or destroy suspected counterfeit goods that have been subjected to compulsory measures.

Article 13 If goods suspected of being counterfeit 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 period; if the goods are suspected of fraudulently using the trademarks of other people's goods, The identification can also be carried out by the infringed party. The infringed party shall truthfully issue an identification report within seven days from the date of receiving the sample submitted for inspection. The administrative law enforcement department shall handle the matter within seven days from the date of receipt of the inspection report or identification report; if the goods are not counterfeit or shoddy, the samples shall be returned to the operator within three days.

Article 14 If the administrative law enforcement department discovers that the case under investigation does not fall under the jurisdiction of the department, it shall transfer it to the administrative law enforcement department with jurisdiction within five days; if it is suspected of committing a crime, it shall transfer it to the public security within five days. If the public security organ investigates and finds that it does not constitute a crime, it shall transfer it to the relevant administrative law enforcement department for handling within five days. If the department to which the application is referred does not accept the application, it shall explain the reasons in writing within five days.

When transferring a case, the investigation materials and relevant property should be transferred together.

Article 15: Seizing and detaining measures must be approved by the person in charge of the administrative law enforcement department at or above the county level. If it is verified that the goods are not counterfeit or shoddy, the sealing and detaining measures shall be lifted within three days from the date of making the identification conclusion; if losses are caused, compensation shall be made in accordance with the law.

Article 16 If the whereabouts of the operator of seized counterfeit and shoddy goods are unknown, the administrative law enforcement department may issue an announcement and order him or her to go to the administrative law enforcement department for processing within thirty days from the date of announcement; Upon arrival, the administrative law enforcement departments may treat the counterfeit and shoddy goods together with the items involved in the case as unowned property in accordance with the law, but this does not exempt the illegal operators from their legal liability.

Article 17: Administrative law enforcement departments shall accept complaints and reports of violations of the provisions of these Regulations, promptly notify the complainant or reporter of the handling results, and keep them confidential; if they are not accepted, they shall Explain the reasons and justifications promptly.

If a report of business behavior that violates the provisions of these Regulations is verified to be true, the administrative law enforcement department shall give the reporter a reward of not less than 1% but not more than 10% of the fines and confiscations actually collected in the case; if the case is not actually collected, If a fine is confiscated, a reward of not more than 5,000 yuan will be given. The bonus shall be included in the case handling funds or funds specified by the state.

Article 18 The administrative law enforcement department shall strengthen the construction of the administrative law enforcement team, establish and improve the law enforcement responsibility system, fault accountability system, training and assessment, reward and punishment systems, improve law enforcement procedures, and strengthen the supervision of administrative law enforcement. Supervision and inspection.

Administrative law enforcement personnel should pass training and assessment. During inspections in accordance with the law, more than two administrative law enforcement personnel should participate and present their administrative law enforcement certificates to perform their duties in accordance with the law, enforce the law impartially, and keep commercial secrets for the parties concerned.

Article 19 If the goods produced or sold fall under the circumstances specified in Article 6, Item (1) of these Regulations, the production and sales shall be ordered to stop, the goods illegally produced and sold shall be confiscated, and the illegally produced and sold goods shall be fined. Those who sell goods (including sold and unsold goods, the same below) shall be fined not less than three times the value of the goods; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked.

If the goods produced or sold fall under the circumstances specified in Article 6 (2) of these Regulations, the production and sales shall be ordered to stop, the illegally produced and sold goods shall be confiscated, and the value of the illegally produced and sold goods shall be fined. A fine of not less than 50% but not more than three times the amount shall be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked.

If the goods produced or sold fall under the circumstances specified in Article 6 (3) of these Regulations, the production and sales shall be ordered to stop, the illegally produced and sold goods shall be confiscated, and the value of the illegally produced and sold goods shall be fined. A fine of not less than 20% but not more than twice the amount shall be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked.

If the goods produced or sold fall under the circumstances specified in Article 6 (4) of these Regulations, the production and sales shall be ordered to stop, the illegally produced and sold goods shall be confiscated, and the value of the illegally produced and sold goods shall be fined. A fine of not less than 10% but not more than the equivalent amount shall be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked.

If the goods produced or sold fall under the circumstances specified in Items (5), (6) and (11) of Article 6 of these Regulations, they shall be ordered to make corrections and the goods illegally produced and sold shall be confiscated. , and a fine of not less than 10% but not more than the value of the goods illegally produced and sold shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked.

If the goods produced or sold fall under the circumstances specified in Item (10) of Article 6 of these Regulations, and the circumstances are serious, the person shall be ordered to stop production and sales, and shall be fined 3% of the value of the illegally produced or sold goods. A fine of not more than 10 yuan shall be imposed; if there is illegal income, the illegal income shall also be confiscated.

If the goods produced or sold fall under the circumstances specified in Item (7), Item (8), and Item (9) of Article 6 of these Regulations, they shall be registered in accordance with the "People's Republic of China and the National Trademark Law" respectively. Law, "Patent Law of the People's Republic of China", and "Copyright Law of the People's Republic of China" shall be punished.

Article 20 If the goods produced or sold fall under the circumstances specified in Article 7 (1) and (2) of these Regulations, they shall be ordered to make corrections within a time limit; if they fail to make corrections within the time limit, the illegally produced and sold goods shall be confiscated. For goods sold, a fine of not less than RMB 3,000 but not more than RMB 30,000 shall be imposed; if there are any illegal gains, the illegal gains shall also be confiscated.

If the goods produced or sold fall 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 shall be marked without If warning signs or Chinese warning instructions are displayed and the circumstances are serious, production and sales will be ordered to stop, and a fine of less than 30% of the value of the illegally produced or sold goods will be imposed; if there are any illegal gains, the illegal gains will also be confiscated.

Article 21 Anyone who commits the acts specified in Article 8 (1), (2), and (4) of these Regulations shall be ordered to make corrections, the illegal gains shall be confiscated, and the illegal gains shall be fined. A fine of not less than 50% but not more than three times.

Anyone who commits the acts specified in Article 8 (3) of these Regulations shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China.

Anyone who commits the acts specified in Article 8 (5) of these Regulations shall be ordered to make corrections and shall be fined not less than 1,000 yuan but not more than 10,000 yuan; if there are any illegal gains, the illegal gains shall also be confiscated.

Anyone who commits the acts specified in Article 8 (6) of these Regulations shall be ordered to make corrections, and counterfeit commodity labels and packaging materials, as well as production tools, raw and auxiliary materials specifically used to manufacture counterfeit commodity labels and packaging materials, shall be confiscated. and semi-finished products, shall be fined not less than three times the value of counterfeit product labels and packaging; if there are any illegal gains, the illegal gains shall also be confiscated.

Article 22 Use the counterfeit and shoddy goods listed in Items (1), (2), (3) and (4) of Article 6 of these Regulations for commercial purposes. If the goods are used as services or as prizes or gifts for business activities, they shall be ordered to stop using them; for those who know or should know that the goods used are goods prohibited from sale under these regulations, the goods used illegally (including used and unused goods) shall be The value of the goods shall be punished in accordance with the penalties imposed on sellers in these Regulations.

Article 23: Anyone who fails to truthfully provide information and relevant information or refuses or interferes with inspections in accordance with the law shall be given a warning and ordered to make corrections; those who refuse to make corrections shall be ordered to suspend operations for rectification.

Whoever unseales, transfers, sells, conceals or damages the items that have been sealed or detained shall be fined not less than three times the value of the transferred, sold, concealed or damaged items; if there is any illegal income, , and the illegal gains shall be confiscated.

Article 24 If laws and administrative regulations have other provisions on administrative penalties for violations of these Regulations, those provisions shall prevail.

Article 25: Those who violate the provisions of these Regulations and are specifically used to produce goods that do not comply with national standards and industry standards that protect human health and personal and property safety, produce goods that have been explicitly eliminated by the state, or otherwise The raw and auxiliary materials, packaging materials and production tools of counterfeit goods shall be confiscated.

Article 26: The administrative penalties specified in Articles 19 to 23 of these Regulations shall be decided by the quality and technical supervision department or the industrial and commercial administration department at or above the county level in accordance with their respective terms of reference. If laws and administrative regulations have other provisions on the organs that exercise the power of administrative penalties, those provisions shall prevail.

Article 27 If a state functionary commits any of the following acts, he or she shall be subject to administrative sanctions by his or her unit or the relevant competent department; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Covering, indulging, or supporting behavior that violates the provisions of these Regulations;

(2) Telling parties who have violated the provisions of these Regulations to help them avoid investigation and punishment;

(3) Obstructing or interfering with the administrative law enforcement department's investigation and punishment of violations of these Regulations in accordance with the law, causing serious consequences;

(4) Retaliating against the whistleblower;

(5) Other illegal acts stipulated in laws and regulations.

Article 28 If local people's governments at all levels and other state agencies cover up or indulge in violations of these Regulations, or fail to crack down on counterfeiting, fail to achieve rectification goals within the time limit, and cause heavy losses and adverse effects, The principal person in charge and those directly responsible shall be given administrative sanctions; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 29: If the administrative law enforcement department neglects to manage administrative law enforcement personnel, causing serious consequences, the principal person in charge shall be given administrative sanctions.

Administrative law enforcement officials who abuse their powers, neglect their duties, or practice favoritism shall be given administrative sanctions.

Article 30 Anyone who violates the provisions of these Regulations and harms the rights and interests of others shall bear civil liability in accordance with the law. To bear civil liability for compensation and pay fines and penalties, if the property is insufficient to pay both, the civil liability for compensation shall be borne first.

Article 31: When collecting fines and confiscated items, the administrative law enforcement departments shall issue to the parties a fines and confiscated receipts uniformly issued by the provincial finance department, and the fines and confiscated funds shall be turned over to the state treasury in a timely manner.

Counterfeit and shoddy goods, production tools, raw and auxiliary materials, packaging materials, and semi-finished products confiscated in accordance with the provisions of these regulations shall be destroyed or otherwise disposed of in accordance with relevant national regulations and shall not be sold directly.

Article 32: If a party is dissatisfied with a specific administrative act, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 33: The value of counterfeit and shoddy goods as referred to in these Regulations shall be calculated based on the marked price of illegally operated goods; if there is no marked price, the value shall be calculated based on the market price of similar goods.

Article 34 These Regulations shall come into effect on January 10, 2001.