Chapter 1 General Provisions Article 1 In order to maintain the socialist market economic order, investigate and deal with the production and sale of counterfeit and shoddy goods, and protect the legitimate rights and interests of users and consumers, in accordance with the provisions of relevant national laws and regulations, combined with This regulation is formulated based on the actual conditions of this province. Article 2 These Regulations shall apply to the investigation and punishment of the production and sale of counterfeit and shoddy goods within the administrative region of this province. Article 3: Investigate and deal with the production and sale of counterfeit and shoddy goods, and implement the principles of unified leadership, division of labor, coordination, social supervision, and comprehensive management. Article 4 The people's governments at or above the county level shall strengthen the organization and leadership of the investigation and punishment of the production and sale of counterfeit and shoddy goods, encourage, support and protect the units and individuals who report the production and sale of counterfeit and shoddy goods; Units and individuals who have made meritorious deeds in selling counterfeit and shoddy goods shall be commended and rewarded. Article 5 The industrial and commercial administrative departments and technical supervision departments of the people's governments at or above the county level (hereinafter referred to as the supervision and inspection departments) are responsible for investigating and punishing the production and sale of counterfeit and shoddy goods.
If laws and regulations stipulate supervision and inspection by other relevant departments, the regulations shall be followed. Article 6: No unit or individual may use any excuse to support, cover up, or condone the production and sale of counterfeit and shoddy goods. Chapter 2 Scope of Investigation and Punishment Article 7 The scope of investigation and punishment includes: the act of producing and selling counterfeit and shoddy goods; the act of providing conditions and services for the production and sale of counterfeit and shoddy goods; the act of producing and selling counterfeit and shoddy goods. Article 8 The following acts are all acts of producing and selling counterfeit and shoddy goods:
(1) Producing and selling goods that are adulterated, passed off as genuine, substandard, or old as new ;
(2) Selling expired, invalid, or spoiled goods;
(3) Producing and selling products that do not comply with national and industry standards for protecting human health and personal and property safety. Commodities;
(4) Producing and selling commodities that have been eliminated or banned from production and sales by the state;
(5) Forging the origin of commodities, forging or impersonating other people’s factories Name, factory address, forging or impersonating quality marks such as certification marks, famous and quality marks;
(6) Producing and selling goods with the same or similar names, packaging, and decoration unique to well-known goods;
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(7) Counterfeiting goods with registered trademarks of others or manufacturing and selling registered trademarks of others without authorization;
(8) Other acts of producing and selling counterfeit and shoddy goods. Article 9 The following acts are all acts of providing conditions and services for the production and sale of counterfeit and shoddy goods:
(1) Leasing, lending, and transferring business licenses and permits to those who produce and sell counterfeit and shoddy goods , bank accounts, funds, bills, contracts and other supporting materials;
(2) Engaging in intermediary activities for the production and sale of counterfeit and shoddy goods;
(3) Knowingly or You should be aware that others produce and sell counterfeit and shoddy goods and provide them with sites, warehousing, equipment, and transportation means;
(4) Teaching methods of producing and selling counterfeit and shoddy goods;
(5) Providing advertising agency, design, production, release, and publicity for those who produce and sell counterfeit and shoddy goods;
(6) Printing and manufacturing of counterfeit and shoddy trademarks, certification marks, famous signs, and famous brands and packaging;
(7) Concealing, transferring, and destroying detained, sealed counterfeit and shoddy goods for those who produce and sell counterfeit and shoddy goods;
(8) For those who produce, sell, or sell counterfeit and shoddy goods Those who sell counterfeit and shoddy goods provide perjury, excuse themselves from liability, or help them escape;
(9) Knowing or should know that others are producing and selling counterfeit and shoddy goods and providing them with other conditions and services.
Article 10 The act of producing and selling the following commodities shall be regarded as the act of producing and selling counterfeit and shoddy commodities:
(1) Without inspection certificate or relevant sales permission certificate;
(2) The product name, manufacturer’s name, place of origin, and factory address are not marked in Chinese;
(3) Products that are limited to use are not marked with the production date, safe use period or expiration date;
(4) Products subject to production license management are not marked with license numbers and logos;
(5) Specifications, grades, main technical indicators, ingredients, etc. are not marked in Chinese in accordance with relevant regulations. The content or intrinsic quality and quantity are inconsistent with the stated quality and quantity;
(6) Highly toxic, flammable, explosive and other dangerous goods that do not have warning signs and instructions for use in Chinese. Chapter 3 Supervision and Inspection Article 11 Health, commodity inspection, taxation, price, finance, banking and other relevant departments shall cooperate with the supervision and inspection department to promptly investigate and deal with the production and sale of counterfeit and shoddy goods, and freeze the bank deposits and accounts of illegal actors in accordance with the law. Work together on identification, detention, sealing, license revocation and business license.
The public security organs shall cooperate with the supervision and inspection departments and other relevant departments to take compulsory measures in accordance with the law against those who produce and sell counterfeit and shoddy goods.
The trial and procuratorial organs shall handle cases of production and sale of counterfeit and shoddy goods in a timely manner, and punish criminal acts of production and sale of counterfeit and shoddy goods in accordance with the law.
Supervisory departments should promptly investigate and deal with state agencies and their staff who harbor, condone, interfere with, and hinder the investigation and prosecution of the production and sale of counterfeit and shoddy goods.