plaintiff
The complainant filed a complaint with the people's court () the first ..
Requested item
Facts and reasons
I am here to convey
People's court
Attachment: copy of the original trial.
applicant
Date, year and month
Note: 1. This complaint is directed at various situations. It is written or printed with carbon black ink pen and brush.
2. In the column of "Complainant", if a citizen, his name, gender, date of birth, nationality, place of origin, occupation or work unit, position and address shall be stated; If it is a legal person or other organization, it shall indicate its name and address, and the name and position of its legal representative or principal responsible person.
3. When there is not enough space in the "Facts and Reasons" section, you can add a middle page.
4. In the signature column of "Complainant", if it is a legal person or other organization, the full name shall be stated, signed by the legal representative or representative, and stamped with the official seal of the unit.
Complaint model (1)
Administration for Industry and Commerce of xx Province:
Complainant name: xx Pharmaceutical Co., Ltd.
Address: No.218 Yingbin Avenue, Fuzhou, xx Province
Tel: * * * *
Contact: He
Name of respondent: xx Pharmaceutical Co., Ltd.
Name of respondent: xx Life Source Biotechnology Co., Ltd.
Address: No.0/477, Hi-tech Development Zone, xx City.
Tel: * * * *
The complainant complained to your bureau because of the infringement of the respondent.
Complaint request:
1. Immediately stop the production and sale of "Zhenshiming" conditioning liquid and destroy all infringing products on the spot.
2. Punish enterprises that disrupt market order and damage consumers' rights and interests.
3. Compensation for our economic losses.
Complaint facts and reasons:
Recently, our company found a Yi Shi conditioning liquid named "Zhenshiming" in the market. This product is supervised by Hong Kong Centennial Yisheng Pharmaceutical Co., Ltd., produced by xx Life Source Biotechnology Co., Ltd. and produced by xx Pharmaceutical Co., Ltd., with the approval number of (* *) Qing Wei Jian Wei Hu Zi No.620.
This product has seriously infringed our company's exclusive right to use trademarks for the following reasons:
Our "Zhenshiming" brand eye drops ranked first in the comprehensive list of traditional Chinese medicines for ophthalmology in China and became the first brand of eye protection products in China. Zhenshiming trademark was registered in Category 5 of International Classification of Goods and Services in February 2006, with the trademark registration number of 152050 1. At the same time, it also applied for the fifth kind of trademark with the registration number of 372 15 19, which was widely used as the core trademark of our company and was awarded the "Famous Trademark of xx Province". At present, we are actively applying for well-known trademarks. It is impossible for the other party to know nothing about the popularity of the company's "Zhenshiming" products and trademarks, but deliberately apply our "Zhenshiming" trademarks, misleading consumers, seriously damaging our corporate image and reputation, disrupting market order and damaging consumers' rights and interests. According to the provisions of China's Trademark Law and Anti-unfair Competition Law, it is indeed an infringement of our company's trademark rights and constitutes unfair competition.
Therefore, the production and sales of "Zhenshiming" conditioning liquid by the two manufacturers constitute trademark infringement and unfair competition. In order to ensure the safety of human drug use, safeguard people's health and the legitimate rights and interests of drug use, according to the provisions of Articles 52, 53 and 55 of China's Trademark Law and Articles 5 1 and 52 of the Regulations for the Implementation of the Trademark Law, we request your bureau to investigate and deal with it as soon as possible.
Attachment: Relevant evidential materials.
Xx drug co., ltd
* * July 25, 2008
Complaint model essay (2)
Appellant: Ningbo * * * Cleaning Co., Ltd.
Respondent: Jiangshan Town Environmental Sanitation Management Station, * * District, Ningbo City.
Ningbo * * District Jiangshan Town Gong * * * Trade Station
Complaint: request to investigate and deal with the illegal behavior of the respondent in the bidding activities.
And ordered it to stop bidding and make corrections within a time limit.
Facts and reasons:
* * On March 18, the transferee Jiangshan Town Public Trading Station in * * District of Ningbo (hereinafter referred to as "Jison Trading Station") was entrusted by Jiangshan Town Environmental Sanitation Management Station in * * District of Ningbo (hereinafter referred to as "Jison Environmental Sanitation Station") to release "Jiangshan Town Road Cleaning Project (ProjectNo.: JS-ZB) 20/Kloc. -006) "for bidding. As a bidder, the complainant Ningbo * * * Cleaning Co., Ltd. has participated in the bidding registration and received the prequalification documents issued by Jison Trade Station. In the process of bidding, the complainant found that the bidding activities of Jison Environmental Sanitation Station and Jison Trading Station did not conform to the legal provisions, and now he filed a complaint with your bureau according to Article 65 of the Bidding Law of People's Republic of China (PRC):
1. The tenderee, Jison Environmental Hygiene Station, does not have the ability to tender by itself, and entrusts the tender according to law.
Judging from the contents of the tender announcement and prequalification documents, Jison Environmental Sanitation Station did not entrust the tendering agency to handle the tender matters, but chose to invite tenders by itself. However, Jison Environmental Sanitation Station, as a grass-roots environmental sanitation management institution, may not have the ability of "compiling bidding documents and organizing bid evaluation" as stipulated in Article 16 of Zhejiang Bidding Regulations. If the bidding unit does not have the above-mentioned bidding ability, it shall entrust the bidding according to law, otherwise it will violate the provisions of paragraph 1 of Article 54 of the Regulations on Bidding in Zhejiang Province, and the administrative supervision department at a higher level has the right to order it to make corrections.
Second, the tenderer Jison environmental health station "prequalification documents" filing unit is illegal.
1, legal provisions
(1) Article 15 of the Interim Measures for the Administration of Tendering and Bidding in Ningbo: "If a tenderer considers it necessary to pre-qualify a bidder according to the nature, characteristics and requirements of the project subject to tender, it shall prepare the conditions and methods for pre-qualification, specify them in the tender announcement or invitation letter, and file them with the relevant administrative supervision department."
(II) Operating Rules for Bidding of Construction Projects with Financial Investment of Less than 5 million and More than 500,000 in Towns (Streets) in * * District (Yinzhengban made)
2. Complainant's opinion
The complainant believes that the bidding activity of Jison Environmental Sanitation Station is a compulsory bidding project and should be filed with your bureau as the administrative supervision department of the industry. The prequalification documents of Jison Environmental Sanitation Station were filed by Jison Trade Station, which obviously violated the above two provisions. Therefore, the filing unit of the Pre-qualification Document of the tenderee Jison Environmental Sanitation Station is illegal and should be corrected according to law.
Three. The prequalification documents and prequalification scoring standards of the tenderee Jison Environmental Sanitation Station contain illegal contents, which hinder or restrict the fair and just competition among bidders.
1, legal provisions
(1) Paragraph 2 of Article 18 of the Bidding Law: "A tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders."
(2) Article 25 of the Regulations on Bidding in Zhejiang Province: "A tenderer shall not engage in the following acts: (1) Restrict and exclude potential bidders from bidding on the condition of geography, industry and ownership; (two) in the region, the industry won the award as a bidding condition ".
(3) Paragraph 4 of Article 15 of the Interim Measures for the Administration of Bidding in Ningbo: "A tenderer shall not restrict or exclude potential bidders with unreasonable conditions, and shall not discriminate against potential bidders."
(four) the * * District township (street) financial investment of 5 million and below 500 thousand and above construction project bidding operation procedures "(silver Zhengban made
2. Complainant's opinion
First of all, item (4) of the "prequalification scoring standard" in the prequalification document of Jison Environmental Sanitation Station gives high marks to enterprises registered in this district and this city, and low marks to enterprises not in this district and this city, which is a disguised form of "restricting potential bidders from bidding based on geographical conditions".
Secondly, Item (5) of the Pre-qualification Scoring Standard stipulates that "the road sweeping and cleaning project undertaken by the enterprise in the last three years gets 6 points", which belongs to "taking the award-winning situation of the local area and the industry as the bidding condition" and "taking the award-winning project as the bonus point condition", which discriminates against potential bidders. The above contents violate the second paragraph of Article 18 of the Bidding Law, Article 25 of the Regulations on Bidding in Zhejiang Province, Paragraph 4 of Article 15 of the Interim Measures for the Administration of Bidding in Ningbo City, and Paragraph 3 of Article 8 of the Operating Rules for Bidding of Construction Projects with Financial Investment below 5 million and above 500,000 in * * District. At the same time,
In addition, the contents of the tender announcement issued by Jison Trading Station are in contradiction with the contents of the prequalification scoring standard in the prequalification documents, which is obviously illegal.
It is clearly stipulated in the tender announcement "Bidder Qualification Requirements" that bidders participating in this tender activity must "have independent legal person qualification with registered capital of1million yuan or more", but the second item of "Pre-qualification Scoring Standard" in the pre-qualification document still stipulates that "registered capital1million yuan or less (including1million yuan). There are obvious contradictions between the tender announcement and the prequalification documents, which further proves that the bidder, Jison Environmental Sanitation Station, does not have the qualification to prepare the tender documents and the ability to bid by itself.
4. The tenderee Jison Environmental Sanitation Station did not issue a tender budget to the complainant, and this tender activity was suspected of black-box operation.
Article 8 of the Regulations on the Management of Bidding for Financial Capital Construction Projects in * * District stipulates that "for government investment projects that must be subject to bidding, the tenderer shall adopt the method of budget quotation or bill of quantities quotation in accordance with the regulations". Judging from the contents of the tender announcement, this tender adopts the method of "budget quotation". The Jison trading station should issue "budget books" to all bidders while the bidders receive the "pre-qualification documents", while the Jison trading station engages in black-box operation and issues "budget books" to other bidders instead of the complainants. To this end, the complainant once asked Jison Environmental Sanitation Station and Jison Trade Station to reissue the "Budget Book", but they all delayed for various reasons.
The complainant believes that the bidding project of "Road Cleaning in Jiangshan Town" belongs to service bidding, and the budget content of service bidding is directly related to the bidder's cost accounting and bidding quotation, so the specific service content must be clearly and in detail in the bidding documents, otherwise the "project cost" of 6,543,800 yuan+0.7 million yuan in the bidding announcement lacks practical significance. In view of the respondent's targeted refusal to issue a "budget book" to the complainant, the complainant has every reason to suspect that the respondent Jison Environmental Sanitation Station and Jison Trade Station are suspected of illegal operation in this bidding activity. After discovering the above illegal facts, the complainant filed a written objection to Jison Environmental Sanitation Station and Jison Trade Station on April 7, demanding that they stop bidding and correct the illegal behavior, but Jison Environmental Sanitation Station and Jison Trade Station have not given a written reply so far.
In order to protect their legitimate rights and interests and maintain the fairness of the project subject to tender, according to Article 65 of the Bidding Law and Article 1 1 of the Regulations on the Management of Bidding for Financial Infrastructure Projects in * * District, the complainant hereby files a complaint with your bureau. Please investigate and deal with the illegal behavior of the respondent in this bidding activity, and order it to stop bidding and make corrections within a time limit.
This demonstration
Ningbo * * District Bureau of City Administration
Complainant: Ningbo * * * Cleaning Co., Ltd.