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Regulations of the Inner Mongolia Autonomous Region on Investigating and Punishing the Production and Sales of Counterfeit and Shoddy Goods (revised in 2001)

Article 1: In order to punish the production and sale of counterfeit and shoddy goods, protect the legitimate rights and interests of operators and consumers, and maintain social and economic order, this Article is formulated in accordance with relevant national laws and regulations and in light of the actual situation of the autonomous region. Regulation. Article 2: All illegal activities involving the production and sale of counterfeit and shoddy goods and the provision of services for the production and sale of counterfeit and shoddy goods within the administrative area of ??the autonomous region may be investigated and punished in accordance with these regulations.

This regulation applies to building materials, building components, construction equipment, and decorative materials used in construction projects. Article 3 The industrial and commercial administration and quality and technical supervision and other supervision and management departments at or above the county level (hereinafter referred to as the supervision and management departments) shall, within the scope of their respective responsibilities and in accordance with the provisions of laws and regulations, strengthen coordination and cooperation, and regulate the production and sale of counterfeit and shoddy goods. Conduct investigation and punishment.

During the investigation and handling process, the principle of filing a case first shall be adhered to, and cases with the same jurisdiction shall not be investigated and handled repeatedly. The public security and other relevant departments should cooperate with the supervision and management departments to investigate and deal with the production and sale of counterfeit and shoddy goods.

Consumers associations and other social groups as well as news organizations should strengthen social supervision and public opinion supervision over the production and sale of counterfeit and shoddy goods. Article 4 People's governments at or above the banner and county level shall strengthen the organization and leadership of the investigation and handling of the production and sale of counterfeit and shoddy goods, establish a responsibility system for the investigation and handling of the production and sale of counterfeit and shoddy goods, and prevent local protectionism. Encourage and protect relevant organizations and individuals to report the production and sale of counterfeit and shoddy goods. Article 5 Any of the following circumstances constitutes the production and sale of counterfeit and shoddy goods:

(1) Counterfeiting registered trademarks;

(2) Counterfeiting patents;< /p>

(3) Piracy and copying;

(4) Counterfeiting or falsely using the place of origin of goods or the name and address of the factory;

(5) Counterfeiting certification marks, International standards adopt quality marks such as logos, famous quality marks, and anti-counterfeiting marks;

(6) Products produced and sold do not meet express standards or instructions;

(7) Adulteration , adulteration, passing off fake goods as genuine, substandard goods as good goods, or substandard goods as qualified goods;

(8) Producing and selling goods that have been eliminated by the state;

(9) ) Selling expired, invalid, or spoiled goods;

(10) Other situations stipulated by laws and regulations. Article 6 Any of the following circumstances shall be deemed as the production and sale of counterfeit and shoddy goods:

(1) No inspection or quarantine certificate;

(2) No The product name, factory name and factory address are marked in Chinese;

(3) Forging or tampering with the production date, shelf life, and expiration date;

(4) Forging or using product standards and production standards , safety, sanitation, business and other licenses;

(5) Product specifications, grades, main ingredients and contents should be marked but are not;

(6) Use packaging or labels to deceive, and the product specifications, grades, weights, main ingredients and content, etc. are inconsistent with the packaging or labels. Article 7 The use of counterfeit and shoddy goods to provide services to operators and consumers, or as prizes in sales activities with prizes and gifts in promotional activities shall be regarded as the act of selling counterfeit and shoddy goods. Article 8 Any of the following circumstances shall be considered as the act of providing services for the production and sale of counterfeit and shoddy goods:

(1) Knowing or should know that the person knows or should know that counterfeit and shoddy goods are being produced and sold and provides premises and equipment for them , warehousing, transportation and other services;

(2) Teaching techniques and methods for producing and selling counterfeit and shoddy goods;

(3) Providing advertising for the production and sale of counterfeit and shoddy goods Services;

(4) Printing or providing labels or packaging of counterfeit and shoddy goods;

(5) Concealing, transferring, or destroying products that have been previously registered and preserved, sealed up, or Seized counterfeit and shoddy goods;

(6) Providing false certificates for the production and sale of counterfeit and shoddy goods.

Article 9 If any of the following circumstances occurs, the supervision and management department may directly determine it as the production and sale of counterfeit and shoddy goods:

(1) The operator changes the trademark, logo, and product description of the goods sold without authorization

(2) The trademark registered manufacturer or commodity manufacturer provides relevant evidence to prove that the goods are not produced by the factory;

(3) The production and sale of the same counterfeit and shoddy goods are subject to Those who commit the crime again after being punished;

(4) After being sealed up, they remove the seal without authorization, transfer or destroy physical evidence, or provide false certificates or false reports;

(5) Use waste parts for production , assembling, repairing motor vehicles and other commodities that do not meet human health, personal and property safety standards;

(6) Seizing counterfeiting tools, equipment, raw and auxiliary materials, packaging, finished products or semi-finished products on the spot of. Article 10 When investigating and punishing the production and sale of counterfeit and shoddy goods in accordance with the law, the supervisory and administrative departments shall exercise the following powers:

(1) To inquire and investigate the parties involved in the production and sale of counterfeit and shoddy goods, and require them to provide certification materials or Inquire and copy account books, documents, contracts, records and other materials related to the production and sale of counterfeit and shoddy goods;

(2) Examine the counterfeit and shoddy goods suspected of being produced and sold by the parties, and conduct any investigation that may be transferred or concealed , destroyed counterfeit and shoddy goods and production tools, equipment and transportation, sales and communication tools that provide services for the production and sale of counterfeit and shoddy goods, as well as raw and auxiliary materials for production, packaging, semi-finished products and counterfeit and shoddy goods, can be taken Administrative compulsory measures such as registration and preservation, sealing or seizure shall be taken first.