What are some examples of cracking down on counterfeit products

1. Sales of unqualified hot-rolled ribbed steel bars.

On November 30, 2016, the Economic Inspection Detachment of the Municipal Bureau of Industry and Commerce received the report and passed the survey, and blocked 5 cars of hot-rolled ribbed steel bars at the scene of Group 2 (Jinlong Avenue) of Jinshan Temple Community, Tongchuan District, totaling tons.

A total of 6 batches of products of the batch of steel bars were seized and sampled at the scene, and they were all judged to be unqualified after inspection. It was found that the batch of steel bars was sold to Dazhou by Liu Moumou in a steel factory in Yuncheng, Shanxi. According to the provisions of the "Quality Law", the tons of unqualified hot-rolled ribbed steel bars were confiscated and a fine of 270,000 yuan was imposed.

2. The sales do not meet the national standard micro tillage.

On February 18, according to the report of the masses, the Kaijiang County Market Supervision and Administration Bureau conducted an on-site inspection of a machinery ****** in Kaijiang County and found that the diesel micro-tillage sold by the company was suspected of not meeting the "Diesel Engine Exhaust Pollutant Emission Limits and Measurement Methods for Non-road Mobile Machinery" (China's No. 1).

Phase III and IV).

After investigation, the company purchased 13 sets of Chongqing brand micro cultivator (diesel engine KA250), and 3 units have been sold, with a total value of 36,400 yuan. According to the provisions of the "Quality Law", 10 sets of Chongqing brand micro-tillage machine (diesel engine KA250) were confiscated, 2,700 yuan of illegal income was confiscated, and a fine of more than 100,000 yuan was imposed.

3. Use of unfair competition and commercial bribery.

On October 25, 2016, the Tongchuan District Industrial and Commercial Quality Supervision Bureau inspected a communication equipment business department in Tongchuan District, which was invested and established by Wei, and found that the "Home Credit" consumer loan product was suspected of improper rebates and rewards.

It was found that Wei carried out this consumer loan business in order to increase the sales of mobile phones, and reached a verbal agreement with Shenzhen Home Credit Finance, allowing his "Home Credit" Finance to exclusively carry out consumer finance business in its business premises and promote Home Credit loans to consumers.

Wei solicited 3% of the loan amount in the name of "consumer loan incentives", squeezed out other competitors, and obtained a total of 44,400 yuan in "consumer loan incentives". In accordance with the provisions of the Anti-Unfair Competition Law, his illegal gains of 44,400 yuan were confiscated and a fine of more than 100,000 yuan was imposed.

4. The automobile sales company attaches unreasonable conditions.

On December 1, 2016, the Dachuan District Administration for Industry and Commerce found during the inspection that a car sales **** in Dazhou charged "mortgage handling fees" to mortgage customers and "follow-up payments" to car buyers in the process of car sales.

It was found that the company did not stipulate in the "Commercial Vehicle Sales Contract" that it had imposed unreasonable conditions on customers who purchased cars with mortgages without authorization, and charged two fees: "mortgage handling fee" and "follow-up payment". In accordance with the provisions of the "Sichuan Provincial Anti-Unfair Competition Regulations", it was ordered to correct the illegal acts and fined 10,000 yuan.

5. The jewelry store is lower than the cost price.

On January 17, the Xuanhan County Industrial and Commercial Quality Supervision Bureau inspected a jewelry store in Xuanhan County and found that the jewelry store purchased at a price of 275 yuan, in order to squeeze out other competitors, and took a significantly lower cost than the cost of external sales. In accordance with the provisions of the "Sichuan Provincial Anti-Unfair Competition Regulations", it was ordered to correct the illegal acts and fined 10,000 yuan.

Simple marketing fifteen-step method: anti-channeling, anti-counterfeiting and anti-corrosion Case 2, **Ye Century Light Crack down on counterfeit and shoddy product strategy*** method In April 2005, since the launch of Ye Century Light's new products, it immediately formed a near-out-of-stock situation in the market, but due to the raw material reserves of Zhengzhou Cigarette General Factory and the plan of the local tobacco monopoly bureau, it is ,..well preparedStrengthen the market, increase the added value of products, so that the cost of counterfeit and shoddy products to enter the market has increased significantly

According to the investigation of the relevant quality inspection department, a considerable part of the special ejiao of the ointment formula in various places is counterfeit and shoddy products, some are boiled with inferior donkey skin, and some are even boiled with cowhide and horse skinBecause the role of horse skin and donkey skin is just the opposite, there are many cases of getting sick every year because of eating fake and shoddy Ejiao paste formula. The reporter interviewed and found that some pharmacies in Shanghai reported that there are often some small factories that come to sell low-cost ejiao

Legal analysisFluorescent anti-counterfeiting mark: through the special anti-counterfeiting fluorescent lamp, the mark printed with anti-counterfeiting fluorescent ink will shine, showing bright red, orange, yellow-green or green fluorescence, its fluorescence intensity is high, and the printing adaptability is good. Laser holographic anti-counterfeiting marking; Light-sensitive, temperature-sensitive double anti-counterfeiting mark.

Methods for industrial and commercial investigation and punishment of counterfeit and shoddy products: (1) Conduct on-site inspections of places where the person is suspected of engaging in production and sales activities in violation of this Law; (2) Investigate and learn from the parties' legally-designated representatives, principal responsible persons, and other relevant personnel about circumstances related to suspected production or sales activities in violation of this Law; (3) Consult and copy the relevant contracts, invoices, account books, and other relevant materials of the parties; (4) Seal or seize products that are found to be inconsistent with national or industry standards for the protection of 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 or sale of the product.

Legal basisAmendments to the Criminal Law of the People's Republic of China" 18. Amend Article 214 of the Criminal Law to read: "Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. ”

On-site inspection, investigation, understanding of the situation, the use of anti-counterfeiting labels.

Legal analysisFluorescent anti-counterfeiting standard Zhao Pei Ji: through the special anti-counterfeiting fluorescent lamp, the mark printed with anti-counterfeiting fluorescent ink will shine, showing bright red, orange, yellow-green or green fluorescence, its fluorescence intensity is high, and the printing adaptability is good. Laser holographic anti-counterfeiting marking; Light-sensitive, temperature-sensitive double anti-counterfeiting mark.

Methods for industrial and commercial investigation and punishment of counterfeit and shoddy products: (1) Conduct on-site inspections of the places where the parties are suspected of engaging in production and sales activities in violation of this Law; (2) Investigate and learn from the parties' legally-designated representatives, principle responsible persons, and other relevant personnel about circumstances related to suspected production or sales activities in violation of this Law; (3) Consult and copy the relevant contracts, invoices, account books, and other relevant materials of the parties; (4) Seal or seize products that are found to be inconsistent with national or industry standards for the protection of 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 or sale of the product.

Legal basisAmendments to the Criminal Law of the People's Republic of China" 18. Amend Article 214 of the Criminal Law to read: "Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment and/or a fine; Where the amount of unlawful gains is huge or there are other serious circumstances of special ethnic groups, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. ”

Legal analysis: Luo, Huang and Huang jointly sold fake cigarettes and made illegal profits, and were prosecuted by the public prosecution in accordance with the law.

The evidence submitted by the public prosecution in accordance with law includes physical evidence (including bank cards, account books, cigarettes, transport vehicles, bills of lading, etc.), the "Certificate" issued by the Tobacco Monopoly Bureau, the "Catalogue of Cigarettes" issued by the Tobacco Monopoly Bureau, bank transaction details, appraisal opinions, "Identification and Inspection Report", "Price Verification List of Items Involved in the Case", document inspection and appraisal documents, technical investigation evidence and records of inquests, inspections, identifications, and investigation experiments, witness testimony, defendants' confessions and justifications, and the process of arrest.

The court of first instance held that all the evidence could corroborate each other, was legal, objective and true, and was relevant to the case, and formed a chain between the evidence, which had probative effect.

The court sentenced the defendants to seven to seven and a half years and fines in accordance with the law, and at the same time sentenced the destruction of counterfeit and shoddy cigarettes, and confiscated the genuine cigarettes involved in the case and turned them over to the state treasury.

After the first-instance judgment, Luo and Huang appealed, but Huang did not appeal.

The court of second instance rejected Luo's appeal and accepted some of Huang's appeal opinions, but did not recognize the reasons for his accessory. If the perpetrator commits the crime of illegally producing or selling tobacco monopoly products, and at the same time constitutes the crime of producing or selling counterfeit or shoddy products, the crime of infringing intellectual property rights, or the crime of illegal business operation, it is to be convicted and punished in accordance with the provisions of the heavier punishment.

At the same time, it was found that because the appellant and the defendant in the original trial did not carry out the act of producing counterfeit and shoddy products, and because the crime of producing and selling counterfeit and shoddy products as provided for in Article 140 of the Criminal Law was a selective crime, they were convicted and sentenced for the crime of selling counterfeit and shoddy products. In addition, although the first-instance judgment was inaccurate in convicting the defendants, the sentencing was not improper and the fines were within the statutory range, so this court upheld the sentencing and fines of the defendants.

Legal basis: Article 140 of the Criminal Law of the People's Republic of China: Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, passes off a shoddy product as a good product, or passes off a substandard product as a Hezen product, and the sales amount is between 50,000 and 200,000 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of not less than 50% but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.

The manufacture of counterfeit and shoddy products refers to the defective products produced by the manufacturer, such as violating safety standards, using low-quality materials, etc., and deceiving consumers by shoddy or counterfeiting famous brands. This kind of behavior not only harms the rights and interests of consumers, but also endangers the safety and health of society. The reasons for manufacturing counterfeit and shoddy products include a variety of factors, such as cost pressure, the pursuit of high profits, lack of production technology, and lax legal supervision.

However, no matter what the reason, the act of manufacturing fake and shoddy products is immoral, seriously harms the rights and interests of consumers, and even threatens the health and life safety of the people in Bangtan.

1. Washing machine.

Unqualified quality may cause the most dangerous and endangered when in use.

Personal safety. 2. Shoddy.

Children's Hood Calendar. Dried milk.

The harm is considerable, for example.

Big-headed dolls. Development.

Deformed. Body.

Dropsy. poisoning, etc.

3. Shoddy. Foodstuff.

Serious harm to human health.

4. If the kettle is shoddy, it is likely to be poured when the wax oak is poured.

Scald. Body.

5. Shoddy chargers may be searched and triggered by the first thing when charging. Fire.

1. The quality of the washing machine is unqualified, which may cause the best danger when used and endanger personal safety.

2. Counterfeit and shoddy children's milk powder is quite harmful, such as big-headed dolls, developmental deformities, systemic edema, poisoning, etc.

3. Fake and shoddy food seriously endangers human health.

4. If the kettle is shoddy, it is likely to burn the body when pouring water.

5. Shoddy chargers may cause fires when charging.