Regulations of Jiangsu Province on Punishing the Production and Sale of Fake and Inferior Commodities (revised 20 10)

Article 1 In order to punish the production and sale of fake and shoddy goods, protect the legitimate rights and interests of consumers and business operators, and maintain social and economic order, these Regulations are formulated in accordance with the provisions of the Product Quality Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this province. Article 2 These Regulations are applicable to punishing the production and sale of fake and inferior commodities within the administrative area of this province, and providing conditions and convenience for the production and sale of fake and inferior commodities, and providing business services by using fake and inferior commodities (hereinafter referred to as counterfeiting). Article 3 Local people's governments at all levels shall strengthen their leadership over anti-counterfeiting work, establish a responsibility system for anti-counterfeiting work, and urge and coordinate all departments to carry out anti-counterfeiting work according to law.

The quality and technical supervision departments at or above the county level and the administrative departments for industry and commerce shall be responsible for anti-counterfeiting work in accordance with their statutory duties. Where laws and administrative regulations stipulate that other relevant departments shall be responsible, such provisions shall prevail.

Quality and technical supervision departments at or above the county level shall, in accordance with state regulations, jointly with relevant departments to carry out anti-counterfeiting activities according to law. Article 4 Consumers' associations, trade associations, news organizations and other relevant organizations shall strengthen social supervision and public opinion supervision over the production and sale of fake and shoddy goods, and cooperate with and assist the government and relevant departments to carry out anti-counterfeiting work. Article 5 It is forbidden to produce and sell fake and inferior commodities; It is forbidden to provide conditions and convenience for the production and sale of fake and shoddy goods; It is forbidden to use fake and shoddy goods to provide business services.

Any unit or individual has the right to supervise and report acts in violation of the provisions of the preceding paragraph. Article 6 Commodities under any of the following circumstances are fake and shoddy commodities:

(a) does not meet the national standards and industry standards to protect human health and personal and property safety;

(two) adulteration, fake as real, old as new, shoddy or substandard goods as qualified goods;

(three) expired, invalid or deteriorated;

(four) eliminated by the state;

(5) Forging or falsely using another person's factory name, address or commodity origin;

(six) forgery, fraudulent use of certification marks and other quality marks or quality certification documents;

(seven) posing as a registered trademark or infringing upon the exclusive right to use a registered trademark of others;

(eight) posing as a patent or infringing on the patent right of others;

(nine) illegal production and sale of publications or infringement of the copyright of others;

(10) Forging the production date, safe use period, validity period, expiration date or shelf life;

(eleven) knowing or should know that it is fake and shoddy raw materials, parts and components for processing, production or assembly. Article 7 Commodities under any of the following circumstances are fake and shoddy commodities:

(a) the licensing system, quality and safety market access and quasi-production system are implemented according to law, but the production and sales have not obtained legal certificates;

(2) Failing to implement the standards;

(three) there is no inspection certificate or the commodity name, factory name and address are not marked in Chinese;

(four) the main components and contents of the goods should be marked but not marked;

(5) Warning signs or Chinese warning instructions should be marked. Eighth knowing or should know that others produce and sell fake and shoddy goods, under any of the following circumstances, to provide conditions and convenience for the production and sale of fake and shoddy goods:

(1) Providing sites, equipment, materials and funds or providing warehousing, storage and transportation services;

(2) imparting and providing technologies and methods for producing fake and inferior commodities;

(3) Providing advertising services by design, production, agency, release or other means;

(4) Providing bills and account numbers, signing contracts on behalf of others, or providing false certification materials;

(five) the organizers of the fair did not fulfill the responsibility of examination, resulting in fake and shoddy goods entering the fair venue;

(6) Making, selling or providing signs, packaging, decoration and tools for making them;

(seven) other acts to provide conditions and convenience for the production and sale of fake and shoddy goods. Article 9 Whoever uses the fake and inferior commodities listed in Articles 6 and 7 of these Regulations for business services or as prizes and gifts for business activities, and holds and stores the fake and inferior commodities listed in Articles 6 and 7 of these Regulations obviously exceeds the reasonable self-use quantity range, shall be punished as selling fake and inferior commodities. Tenth quality and technical supervision, industry and commerce administration and other relevant administrative law enforcement departments at or above the county level shall cooperate with each other to conduct key inspections on the following commodities:

(1) Commodities such as food, salt, tobacco, cosmetics, medicines, medical devices and household appliances that may endanger human health and personal and property safety;

(two) agricultural means of production, building materials, petrochemical products and other important commodities that affect the national economy and people's livelihood;

(3) Import and export commodities;

(four) goods suspected of counterfeiting well-known trademarks, well-known trademarks or counterfeit well-known brands;

(5) Commodities with serious quality problems reported by consumers and relevant organizations. Eleventh at or above the county level quality and technical supervision, industrial and commercial administrative departments in accordance with their respective responsibilities, according to the evidence or report of suspected violations, investigate and deal with suspected violations of these regulations, can exercise the following functions and powers:

(a) to conduct on-site inspection of the places where the parties are suspected of engaging in business activities in violation of these regulations;

(two) to investigate the legal representative, principal responsible person and other relevant personnel of the parties to understand the situation related to the business activities suspected of violating these regulations;

(three) to consult and copy the relevant contracts, documents, account books and other relevant materials of the parties;

(4) To seal up and detain commodities that have evidence to prove that they do not meet the national standards and industrial standards for protecting human health and personal and property safety or have other serious quality problems, as well as raw and auxiliary materials, packaging materials and production tools directly used for producing and selling the commodities.