Chapter 1 General Provisions Article 1 is to prohibit the production and circulation of counterfeit and shoddy goods, protect the legitimate rights and interests of commodity producers, sellers, users and consumers, and maintain the socialist market economic order. According to relevant national regulations These regulations are formulated in accordance with the provisions of laws and regulations and in combination with the actual situation of Haikou City. Article 2 These Regulations apply to units and individuals engaged in the production and sale of commodities and providing conditions and services for the production and sale of commodities within the administrative area of ??Haikou City. Article 3 The administrative departments for industry and commerce and the administrative departments for quality and technical supervision are responsible for investigating and dealing with counterfeit and shoddy goods within their respective administrative areas. Other relevant administrative departments shall investigate and deal with counterfeit and shoddy goods within their respective scopes of responsibility according to law. Article 4 Those products that fall under any of the following circumstances are counterfeit and shoddy goods, and are prohibited from production and sale:
(1) Invalid or spoiled;
(2) Adulterated to make them fake or pass off as fake Genuine, passing off old as new, passing off inferior as good;
(3) Those that have been explicitly eliminated by the state;
(4) Pretending to use other people’s registered trademarks;
(5) Forging or misusing the origin, factory name, name, production date, production batch number and product standard code of other people’s goods;
(6) Failure to indicate the place of origin, factory name, name of the goods, Production date, warning signs, etc.;
(7) False use of quality marks such as certification marks, famous and quality marks;
(8) No product certificate;
(9) Products that are stipulated as counterfeit and shoddy goods by relevant national laws and regulations. Article 5 It is prohibited to provide the following conditions and services for the production and sale of counterfeit and shoddy goods:
(1) Printing and producing counterfeit trademarks, certification marks, famous and high-quality marks, nameplates and packaging;
(2) Warehousing and transportation;
(3) Providing advertising services;
(4) Providing materials, funds, accounts, venues and equipment;
(5) Providing other conditions and services. Chapter 2 Supervision and Management Article 6 The division of responsibilities between the industrial and commercial administrative departments and the quality and technical supervision administrative departments in investigating and handling the production and sale of counterfeit and shoddy goods shall be implemented in accordance with national regulations:
(1) In the production, In the field of circulation, all product quality liability issues will be investigated and dealt with by the quality and technical supervision administrative department, and the industrial and commercial administrative department will provide assistance;
(2) In market management and trademark management, it is discovered that production and sales Illegal acts of adulterated products and counterfeit products shall be investigated and dealt with by the administrative departments for industry and commerce, and the administrative departments for quality and technical supervision shall provide assistance;
(3) Any act of selling inferior goods on the market shall be investigated and dealt with by the administrative departments for industry and commerce. If found, the administrative department for industry and commerce shall investigate and deal with it. If assistance from the administrative department for quality and technical supervision is required, the administrative department for quality and technical supervision shall provide assistance; If the administrative department assists, the industrial and commercial administrative department shall provide assistance. The industrial and commercial offices dispatched by the administrative department for industry and commerce shall investigate and deal with illegal acts of producing and selling counterfeit and shoddy goods in accordance with the authority specified by laws and administrative regulations. Article 7 The administrative departments for industry and commerce and the administrative departments for quality and technical supervision shall exercise the following powers in accordance with the law when investigating and handling the production and sale of counterfeit and shoddy goods:
(1) To investigate and punish parties suspected of engaging in production, Conduct on-site inspections at venues where sales activities take place;
(2) Investigate and learn from the legal representative, principal person in charge and other relevant personnel of the parties involved in production and sales activities suspected of violating these regulations;
(3) Check and copy the contracts, invoices, account books and other relevant information related to the parties;
(4) Check the suspected counterfeit and shoddy goods and related raw and auxiliary materials, packaging materials, Production tools shall be sealed or detained;
(5) Other powers and duties stipulated in laws and regulations. When exercising the powers in Item (4) of the preceding paragraph, it must be approved by the administrative head of the industrial and commercial administrative department or the quality and technical supervision administrative department at or above the district level, and a decision letter must be prepared.
Article 8 After receiving reports of illegal activities in the production and sale of counterfeit and shoddy goods, the administrative departments for industry and commerce and the administrative departments for quality and technical supervision shall immediately conduct an examination and, if the conditions for filing a case are met, the case shall be filed. Article 9 The decision to handle a case shall be made within three months from the date of filing the case. For major and difficult cases, it may be extended with the approval of the administrative head of the higher-level industrial and commercial administration department or the quality and technical supervision administrative department, but the extension time No more than three months. Article 10: When administrative law enforcement officers investigate and handle cases of counterfeit and shoddy commodities, at least two people shall participate, and they shall present relevant official documents to the parties concerned. Article 11 When administrative law enforcement personnel investigate and collect relevant evidence materials in accordance with the law, they shall keep the legitimate technical secrets and business secrets of the parties confidential. Article 12 When the industrial and commercial administrative department and the quality and technical supervision administrative department seal up or detain suspected counterfeit and shoddy goods, they shall serve the sealing or detaining decision to the parties, issue a sealing or detaining list, and submit it to the parties for their signatures. If the party concerned is not present or refuses to sign, administrative law enforcement personnel should invite witnesses to sign the seal or seizure list. Seized or detained commodities that require inspection by the statutory quality and technical supervision and inspection agency to determine the results shall be sent to the statutory quality and technical supervision and inspection agency for inspection within five days.