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 commercial services (hereinafter referred to as the 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 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: Commodities that fall under any of the following circumstances are counterfeit and shoddy commodities:
(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;
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(4) The state has explicitly ordered elimination;
(5) Forging or impersonating other people’s factory names, factory addresses or product origins;
(6) Forging or impersonating Using quality marks such as certification marks or quality certification documents;
(7) Counterfeiting registered trademarks or infringing on the exclusive rights of others’ registered trademarks;
(8) Counterfeiting patents or infringing on others’ patents
(9) Illegally producing and selling publications or infringing upon the copyright of others;
(10) Forging the production date, safe use period, validity period, expiration date or shelf life ;
(11) Know or should know that the products are processed, produced or assembled with counterfeit and inferior raw materials and parts. Article 7 Commodities that fall under any of the following circumstances are deemed to be counterfeit and shoddy commodities:
(1) The license system, quality and safety market access, and production approval system are implemented in accordance with the law, but production and sales without obtaining legal certificates
(2) There is no implementation standard;
(3) There is no inspection certificate or the product name, factory name and factory address are not marked 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 have provided conditions and facilities for the production or sale of counterfeit and shoddy goods:
(1) Providing venues, equipment, and materials , funds or provide warehousing, storage, transportation and other services;
(2) Teaching and providing techniques and methods for producing counterfeit and shoddy goods;
(3) Designing, producing, Providing advertising services through agency, publishing or other means;
(4) Providing bills, account numbers, signing contracts on behalf of others, or providing false certification materials;
(5) Exhibitions and trade fairs The organizer fails to perform inspection and other responsibilities, causing counterfeit and shoddy goods to enter 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 and gifts for business activities, and holding and storing counterfeit goods listed in Articles 6 and 7 of these Regulations If the quantity of counterfeit and shoddy goods obviously exceeds the reasonable range for personal use, it will be deemed as the sale of 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, 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) Products suspected of counterfeiting well-known trademarks, famous trademarks or counterfeit famous brands;
(5) Consumers and relevant organizations report serious quality problems of goods. 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 duties and based on the obtained evidence of suspected violations or reports, investigate and deal with suspected violations of these Regulations, they may exercise the following powers:
(1) Conduct on-site inspections on the premises where the parties are suspected of engaging in business activities that violate these Regulations;
(2) Investigate and understand the legal representatives, principal persons in charge and other relevant personnel of the parties Situations related to suspected business activities in violation of these Regulations;
(3) Checking and copying the contracts, bills, account books and other relevant materials related to the parties;
(4) Responding to Products that are reasonably believed to be incompatible with national standards and industry standards to protect human health and personal and property safety, or products with other serious quality problems, as well as raw and auxiliary materials, packaging, and production tools directly used in the production and sale of such products. , be sealed or detained.