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Shenzhen Special Economic Zone Regulations on Strictly Combating Illegal Acts of Producing and Selling Counterfeit and Shoddy Goods (2019 Revision)

Chapter 1 General Provisions Article 1 In order to severely crack down on illegal activities of producing and selling counterfeit and shoddy goods, protect the legitimate rights and interests of users and consumers, and maintain the market economic order of the Shenzhen Special Economic Zone (hereinafter referred to as the Zone), These regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and in combination with the actual situation of the special zone. Article 2 It is prohibited to produce and sell counterfeit and shoddy goods, to teach methods of producing and selling counterfeit and shoddy goods, and to provide conditions and services for the production and sale of counterfeit and shoddy goods. Article 3 The term “counterfeit and shoddy goods” as mentioned in these Regulations refers to:

(1) Adulteration, adulteration, passing off fakes as genuine, passing off substandard goods, and passing off unqualified goods as qualified goods;

(2) Failure to comply with national standards, industry standards or local standards related to the protection of human health, personal or property safety, or there is an unreasonable risk endangering human health, personal or property safety;

(3) Expired, invalid or spoiled;

(4) The state has explicitly ordered it to be eliminated;

(5) The indicated technical indicators are inconsistent with the actual situation and do not have due use value of. Article 4 Counterfeit goods as mentioned in these regulations refer to:

(1) Using the same or similar trademark as the registered trademark on the same or similar goods without the permission of the owner of the registered trademark;

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(2) Counterfeiting trademarks, certification or approval document numbers, product origins, other people’s names, trade names, addresses;

(3) Counterfeiting patent marks, patent numbers or production license numbers

(4) Copying audio-visual or computer software products without the rights’ permission. Article 5: The market supervision department is the department in charge of investigating and dealing with counterfeit and shoddy goods. Other relevant functional departments are responsible for investigating and dealing with counterfeit and shoddy goods within the scope of their respective responsibilities according to law. Article 6: Users, consumers, social organizations, news organizations and other organizations and individuals that protect the rights and interests of users and consumers have the right to conduct social supervision over producers, sellers and related parties of counterfeit and shoddy goods. Chapter 2 Obligations of Producers Article 7 The term "producers" as mentioned in these regulations refers to units (hereinafter referred to as production units) and individuals that produce and process commodities or entrust others to produce and process commodities, as well as supervise the production and processing of commodities.

Producers should strictly abide by commodity quality management laws and regulations and implement relevant commodity quality standards. Article 8 The legal representative or person in charge of a production unit is responsible for the quality of the goods produced by the unit and shall not force, instruct or condone the staff of the unit to produce counterfeit or shoddy goods. Article 9 The quality inspection agency and quality inspection personnel of the production unit shall be responsible for the quality inspection of commodities and shall not issue certificates of conformity for unqualified commodities. Article 10 If the quality of a commodity does not meet the prescribed standards or grades, but it still has a certain use value and does not pose an unreasonable risk to human health, personal or property safety, the commodity or its packaging shall be marked with the words "disposable product" in a prominent position. ”, “defective product” or “defective product” may be sold. Chapter 3 Obligations of Sellers Article 11 The term “sellers” as mentioned in these Regulations refers to units and individuals that sell goods or entrust others to sell goods (hereinafter referred to as sales units).

Sellers should strictly abide by laws and regulations on product quality management. Article 12 The legal representative or person in charge of a sales unit is responsible for the quality of the goods sold by the unit and shall not force, instruct or condone the staff of the unit to sell counterfeit or shoddy goods. Article 13 Purchasing personnel of sales units shall not purchase counterfeit or shoddy goods. Article 14 The relevant person in charge and quality inspection personnel of the sales unit shall implement the incoming goods inspection and acceptance system. If counterfeit or shoddy goods are discovered, they shall report to the market supervision or other relevant functional departments. Chapter 4 Obligations of Relevant Parties Article 15 Relevant parties as mentioned in these Regulations refer to units and individuals that provide conditions or services for the production and sale of goods.

Relevant parties that provide conditions or services for the production and sale of goods must strictly abide by relevant laws and regulations.

Article 16 The lessor of the site or equipment shall supervise the lessee's use of the site and equipment. If it is discovered that the lessee is using the site or equipment to produce or sell counterfeit or shoddy goods, it shall immediately report it to the market supervision or other relevant functional departments. report. Article 17 No organization or individual is allowed to print and sell counterfeit trademarks, counterfeit famous brand signs and counterfeit certification signs.

For printing registered trademark logos, famous and high-quality logos, certification marks, or packaging and nameplates containing registered trademark logos, famous and high-quality logos, and certification marks, the printer shall inspect the relevant certification documents and make copies for retention. If the client cannot provide supporting documents, the printer shall not print.

The printer shall not transfer the printed registered trademark logo, famous brand logo, certification mark or the packaging and nameplate containing the registered trademark logo, famous brand logo or certification mark to non-clients. Article 18 If warehousing custodians and transporters discover counterfeit and shoddy goods when storing and transporting commodities, they shall refuse to provide storage or transportation services and report to market supervision or other relevant functional departments. Article 19 Advertising operators shall, in accordance with the relevant provisions of laws and regulations, inspect relevant certificates and review advertising content, and shall not provide advertising services for counterfeit or shoddy goods by producing, publishing, posting or other means.