How to define unlicensed production of protective clothing

The party involved in the production of counterfeit products failed to pass the random inspection, which was suspected of violating the relevant provisions of the Product Quality Law and the Trademark Law. However, trademark infringement is not an administrative violation, and the responsibility to investigate and deal with counterfeiting other people's quality marks, factory names, addresses and other product information is not in the drug supervision department, but in the market supervision department. Therefore, there is nothing wrong with the first opinion in principle. However, in reality, the market supervision department often thinks that the first inquiry responsibility system should be implemented according to the spirit of the Notice of the State Pharmaceutical Administration on Further Improving the Investigation and Handling of Cases. Whoever finds out who will handle it leads to the embarrassing situation that the drug supervision department cannot investigate and deal with counterfeiting and cannot transfer it. In essence, the ultimate goal of company A is to produce disposable medical masks, whether it is to forge product information such as factory name and address, or to forge certification marks such as trademarks. As the second kind of medical devices, according to the principle that the special law is superior to the general law, the special law "Regulations on the Supervision and Administration of Medical Devices" should be applied.

Illegal production of fake and shoddy masks and protective clothing is generally punished by the crime of producing and selling fake and shoddy products. Whoever sells more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount.

Is it illegal to produce protective clothing without a license?

This is illegal. Because protective clothing is medical, it is very important to protect people's lives, so if it is unqualified protective clothing, it is neither hygienic nor safe, and it is easy to cause casualties if it is used. Local market supervision departments and public security organs will focus on the prevention and control of the epidemic situation of medical devices and products according to the information they have and the clues reported by the masses, and carry out an inventory of unlicensed production of medical devices within their jurisdiction, focusing on investigating and dealing with illegal enterprises and individuals who produce medical protective clothing and medical masks without a license. Suspected of committing a crime, the public security organ will promptly file a case for investigation according to law and investigate the criminal responsibility of relevant enterprises and personnel.

Legal basis: Article 63 of the Regulations on the Supervision and Administration of Medical Devices: In any of the following circumstances, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, medical devices illegally produced and operated, and tools, equipment, raw materials and other items used for illegal production and operation; If the value of medical devices illegally produced and operated is less than 654.38+10,000 yuan, a fine of 50,000 yuan to 654.38+10,000 yuan shall be imposed; If the value of the goods is more than 10000 yuan, a fine of more than 10 and less than 20 times shall be imposed; If the circumstances are serious, the application for medical device license put forward by the relevant person in charge and enterprises will not be accepted within 5 years: