These Provisions shall apply to building materials, building components, building equipment and decorative materials used in construction projects. Article 3 Supervision and management departments such as industrial and commercial administration, quality and technical supervision at or above the county level (hereinafter referred to as supervision and management departments) shall, within the scope of their respective duties, strengthen coordination and cooperation, and investigate and deal with acts of producing and selling fake and inferior commodities.
In the process of investigation, we must adhere to the principle of filing a case first, and we must not investigate and deal with cases within the same jurisdiction. Public security and other relevant departments shall cooperate with the supervision and management departments to investigate and deal with the production and sale of fake and shoddy goods.
Consumer associations and other social organizations and news organizations should strengthen social supervision and public opinion supervision over the production and sale of fake and shoddy goods. Article 4 The people's governments at or above the county level shall strengthen the organization and leadership in investigating the production and sale of fake and shoddy goods, establish a responsibility system for investigating the production and sale of fake and shoddy goods, and prevent local protectionism. Encourage and protect relevant organizations and individuals to report the production and sale of fake and shoddy goods. Article 5 In any of the following circumstances, it is an act of producing and selling fake and inferior commodities:
(1) Counterfeiting a registered trademark;
(2) Counterfeiting patents;
(3) pirated copies;
(4) Forging or fraudulently using the place of origin or the name and address of the factory;
(five) counterfeiting certification marks, international standard use marks, brand-name marks, anti-counterfeiting marks and other quality marks;
(six) the goods produced and sold do not meet the express standards or instructions;
(seven) adulteration, shoddy, substandard goods as qualified goods;
(eight) the production and sale of goods explicitly eliminated by the state;
(9) Selling expired, invalid or deteriorated commodities;
(ten) other circumstances stipulated by laws and regulations. Article 6 In any of the following circumstances, it shall be deemed as the act of producing and selling fake and inferior commodities:
(a) there is no inspection and quarantine certificate;
(2) failing to indicate the commodity name, factory name and address in Chinese;
(3) Forging or tampering with the production date, shelf life and expiration date;
(4) Forging or fraudulently using product standards and production, safety, hygiene and business licenses;
(5) The specifications, grades, main components and contents of the goods should be marked without marking;
(six) fraud by packaging or labeling, so that the specifications, grades, weights, main components and contents of the goods are inconsistent with the packaging and labeling. Seventh the use of fake and shoddy goods to provide services to operators and consumers, or as a sales prize and promotional gifts, as the sale of fake and shoddy goods. Article 8 In any of the following circumstances, it is an act of providing services for the production and sale of fake and shoddy goods:
(a) knowing or should know to provide venues, equipment, warehousing, transportation and other services for fake and shoddy goods;
(two) teaching the techniques and methods of producing and selling fake and inferior commodities;
(three) to provide advertising services for the production and sale of fake and shoddy goods;
(four) printing or providing fake and shoddy goods identification or packaging;
(5) Concealing, transferring or destroying fake and inferior commodities registered, preserved, sealed up or detained for others in advance;
(six) to provide false certificates for the production and sale of fake and shoddy goods. Article 9 In any of the following circumstances, the supervision and management department may directly identify it as the act of producing and selling fake and inferior commodities:
(1) The business operator changes the trademarks, logos and descriptions of the commodities sold without authorization;
(two) the registered trademark manufacturer or commodity manufacturer provides relevant evidence to prove that it does not belong to the goods produced by the factory;
(three) the production and sale of the same kind of fake and shoddy goods are repeated after being punished;
(four) after being sealed up, removing seals, transferring or destroying physical evidence without authorization, or providing false certificates and materials;
(five) the use of waste parts to produce, assemble and maintain motor vehicles and other commodities that do not meet the standards of human health and personal property safety;
(6) Seizing tools, equipment, raw and auxiliary materials, packaging materials, finished products or semi-finished products for counterfeiting on the spot. Article 10 The supervisory and administrative departments may exercise the following functions and powers when investigating and handling the production and sale of fake and shoddy goods according to law:
(1) Inquiring and investigating the parties involved in the production and sale of fake and shoddy goods, and asking them to provide supporting materials or inquiring and copying account books, bills, contracts, records and other materials related to the production and sale of fake and shoddy goods;
(2) Check the fake and shoddy goods that the parties are suspected of producing and selling, and take administrative compulsory measures such as registration, preservation, sealing up or seizure of the fake and shoddy goods that may be transferred, concealed or destroyed, the production tools, equipment and transportation, sales and communication tools that provide services for the production and sale of fake and shoddy goods, and the sales income of raw and auxiliary materials, packaging materials, semi-finished products and fake and shoddy goods used for production.