At or above the county level, the quality and technology supervision departments, the administration for industry and commerce are responsible for counterfeiting work in accordance with their statutory duties. Laws and administrative regulations provide that other relevant departments are responsible for, subject to its provisions.
The quality and technology supervision departments at or above the county level shall, in accordance with state regulations, in conjunction with the relevant departments to carry out counterfeiting activities in accordance with the law. Article 4 Consumers' associations, trade associations, news organizations and other relevant organizations shall strengthen social supervision and public opinion supervision of the production and sale of counterfeit and shoddy goods, and cooperate with and assist the government and the relevant departments to carry out anti-counterfeiting work. Article 5 It is prohibited to produce or sell counterfeit or shoddy goods; to provide conditions and facilities for the production or sale of counterfeit or shoddy goods; and to use counterfeit or shoddy goods to provide business services.
Any unit or individual has the right to supervise and report the violation of the provisions of the preceding paragraph. Article 6 Commodities with one of the following circumstances are counterfeit and shoddy commodities:
(1) those that do not conform to the national or industrial standards for safeguarding human health and personal and property safety;
(2) those that are adulterated, faked, old for new, second-rate, or substandard commodities for qualified commodities;
(3) those that are outdated, expired, or deteriorated;
(d) the state expressly eliminated;
(e) counterfeiting, fraudulent use of another person's factory name, address or origin of goods;
(f) counterfeiting, fraudulent use of certification marks and other quality marks or quality certification documents;
(g) fraudulent use of a registered trademark or infringement of the exclusive right to use a registered trademark;
(h) fraudulent use of patents or infringement of the patent right;
(i) the patent right of another person;
(j) the patent right of another person;
(k) the patent right of another person Patent;
(ix) Illegal production or sale of publications or infringement of the copyright of others;
(x) Falsification of the date of manufacture, safe use period, expiration date, expiration date or shelf-life;
(xi) Knowing or should know that they are counterfeit raw materials, parts and components and processing, production or assembly. Article 7 Commodities with one of the following circumstances are regarded as counterfeit and shoddy commodities:
(1) The licensing system, quality and safety market access, and quasi-production system are implemented in accordance with law, and the production and sale of such commodities are produced or sold without obtaining legal documents;
(2) There is no implementation standard;
(3) There is no certificate of inspection and conformity, or the trade name, factory name, and address of the commodity are not marked in Chinese;
(d) should be labeled but not the main ingredients and content of goods;
(e) should be labeled but not labeled warning signs or Chinese warning instructions. Article 8 Anyone who knows or should know that another person produces or sells counterfeit or shoddy commodities and has one of the following circumstances is producing or selling counterfeit or shoddy commodities to provide conditions and facilities:
(1) Providing sites, equipment, materials, funds or providing services such as warehousing, storage and transportation;
(2) Teaching or providing technologies and methods of producing counterfeit or shoddy commodities;
(3) Providing services by way of designing, designing or selling counterfeit or shoddy commodities; or p>(3) providing advertising services by designing, producing, acting, publishing or otherwise;
(4) providing bills, account numbers, signing contracts on behalf of others, or providing false certificates;
(5) failure of the organizers of exhibitions to carry out their responsibilities of examination, etc., which results in the entry of counterfeits and substandard commodities into the exhibition venues;
(6) producing, selling, providing logos, packaging, decoration or their production tools;
(7) other acts that provide conditions and facilities for the production and sale of counterfeit and shoddy goods. Article 9 Anyone who uses the counterfeit and shoddy commodities listed in Articles 6 and 7 of these Regulations for business services or as prizes or gifts for business activities, as well as anyone who possesses or stores the counterfeit and shoddy commodities listed in Articles 6 and 7 of these Regulations in quantities obviously exceeding the scope of reasonable self-use is regarded as selling counterfeit and shoddy commodities. Article 10 The quality and technology supervision, industry and commerce administration and other relevant administrative and law enforcement departments at or above the county level shall cooperate with each other to carry out key inspections on the following commodities:
(1) commodities that may endanger human health and the safety of persons and property, such as foodstuffs, salt, tobacco, cosmetics, medicines, medical devices and household electrical appliances;
(2) agricultural means of production, building materials, petroleum chemical products and other products that affect the national economy and people's livelihood; and Products and other important commodities affecting national economy and people's livelihood;
(3) import and export commodities;
(4) suspected of counterfeiting well-known trademarks, famous trademarks or counterfeit brand-name goods;
(5) consumers, relevant organizations to reflect the quality of the serious problems of the goods. Article 11 The quality and technology supervision, industry and commerce administration departments at or above the county level, in accordance with their respective areas of responsibility, based on the suspected evidence of violation of law that has been obtained or reported to the investigation of suspected violations of these Regulations, may exercise the following powers and functions:
(a) to the party suspected of engaging in violation of these Regulations on-site inspection of the place of business activities to be carried out;
(b) to the party's legal representatives, principals and other relevant persons to investigate and understand the situation relating to suspected of engaging in business activities in violation of these Regulations;
(3) to inspect and copy the relevant contracts, bills, books of accounts and other relevant information of the parties;
(4) to the commodities which are believed on the basis of the national standards or industrial standards that do not comply with the national standards of safeguarding human health and the safety of persons and property or Commodities with other serious quality problems, as well as directly used in the production and sale of raw and auxiliary materials, packaging, production tools, to be seized or impounded.