The provincial market supervision system adheres to the problem-oriented, focuses on key commodities, key areas and key industries related to the life, health and safety of the people, continues to carry out the "iron fist" action in 2023, concentrates law enforcement forces, and attacks with precision and heavy punches, and investigates and handles a number of illegal cases in the field of people's livelihood.
Now. 2023 "Iron Fist" operation for the investigation and handling of cases in the field of people's livelihood.
The fifth batch of typical cases was announced.
The Jiuquan Municipal Market Supervision Bureau investigated and dealt with the case of a logistics (group) ** liquefied gas sales branch in Gansu Province selling products that did not meet the national standards for protecting human health and personal and property safety
On April 18, 2023, the Jiuquan Municipal Market Supervision Bureau imposed an administrative penalty of confiscation of illegal gains and a fine of RMB 92,301 on the illegal sale of products that do not meet the national standards for protecting human health and personal and property safety by a logistics (group) ** liquefied gas sales branch in Gansu in accordance with the law.
On January 17, 2023, the Jiuquan Municipal Market Supervision Bureau received the relevant inspection report, showing that the liquefied petroleum gas and dimethyl ether project sold by a logistics (group) ** liquefied gas sales branch in Gansu Province did not meet the requirements of GB 11174-2011 standard and the "Gansu Province 2022 Implementation Rules for Special Supervision and Random Inspection of Liquefied Petroleum Gas Product Quality" GZJ JX042-2022, and the inspection conclusion was unqualified. After filing and investigation, the behavior of the parties violated the provisions of Article 13 of the Product Quality Law of the People's Republic of China, and belonged to the sale of products that did not meet the national standards for protecting human health and personal and property safety, and the Jiuquan Municipal Market Supervision Bureau imposed administrative penalties in accordance with Article 49 of the Product Quality Law of the People's Republic of China.
The Lanzhou New Area Market Supervision Bureau investigated and dealt with the case of a commercial clothing purchase center in Lanzhou New Area selling sneakers that infringed on the exclusive right to use a registered trademark of others
On September 14, 2023, the Market Supervision Bureau of Lanzhou New Area ordered a commercial service purchasing center in Lanzhou New Area to stop the infringement of the illegal act of selling sneakers that infringed on the exclusive right to use a registered trademark of another person in accordance with the law, and imposed an administrative penalty of confiscation of goods infringing on the exclusive right to use a registered trademark and a fine of RMB 21,985.
On May 23, 2023, law enforcement officers of the Lanzhou New Area Market Supervision Bureau found that New Baiclure sneakers with the "N" logo for sale at a commercial clothing purchase center in Lanzhou New District were suspected of infringing the exclusive right to use the registered trademark of others. After filing and investigation, the behavior of the parties violated the provisions of Article 57, Paragraph 3 of the Trademark Law of the People's Republic of China, constituting an illegal fact of infringing the exclusive right to use a registered trademark, and the Lanzhou New Area Market Supervision Bureau imposed an administrative penalty in accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China.
The Tianzhu County Market Supervision Bureau investigated and dealt with the case of a store in Tianzhu County suspected of selling liquor that infringed the exclusive right to use a registered trademark
On April 12, 2023, the Tianzhu County Market Supervision Bureau transferred the illegal act of selling goods that infringed on the exclusive right to use a registered trademark to the public security organ for investigation and punishment in accordance with the law.
On April 4, 2023, after receiving the complaint, the Tianzhu County Market Supervision Bureau conducted an on-site inspection of a store in Tianzhu County and found that the store was placed on the shelves with the manufacturer as: Beijing Shunxin Agricultural Co., Ltd. *** Niulanshan Distillery 5873 bottles of liquor, suspected of infringing on the exclusive right to use the trademark of others. After identification, the above-mentioned liquor is a product that infringes the exclusive right to use a registered trademark. After investigation, the parties purchased 11,868 bottles of Niulanshan series liquor, with a total purchase price of 139184 yuan, and 5,995 bottles have been sold (including gifts), with a sales amount of 10467164 yuan. The sale of goods infringing the exclusive right to use a registered trademark violates Article 57(3) of the Trademark Law of the People's Republic of China. Due to the suspected crime in this case, the Tianzhu County Market Supervision Bureau transferred the case to the public security organs for investigation and punishment in accordance with Article 61 of the Trademark Law of the People's Republic of China and Article 27 of the Administrative Punishment Law of the People's Republic of China. The Tianzhu County Public Security Bureau filed a case for investigation on April 13.
The Jiayuguan Municipal Market Supervision Bureau investigated and dealt with the case of a hardware and electromechanical shop in Jiayuguan selling goods that infringed the exclusive right to use a registered trademark
On September 8, 2023, the Jiayuguan Municipal Market Supervision Bureau ordered a hardware and electromechanical shop in Jiayuguan to stop the infringement and imposed an administrative penalty of confiscation of illegal items and a fine of RMB 5,000 for the illegal sale of goods infringing the exclusive right to use a registered trademark by a hardware and electrical shop in Jiayuguan in accordance with the law.
On July 28, 2023, after receiving the report, the Jiayuguan Municipal Market Supervision Bureau conducted an on-site inspection of a hardware and electromechanical shop in Jiayuguan in accordance with the law, and found that the "Dayi" rechargeable impact wrench, electric screwdriver drill, lithium battery, and rechargeable angle grinder placed and sold on the shelves of the store were suspected of infringing the exclusive right to use the registered trademark of "Dayi". After filing and investigation, it was found that the above-mentioned "Dayi brand" rechargeable impact wrenches and other goods sold by the parties were not produced or produced on behalf of the owner of the "Dayi brand" trademark, and were counterfeit and infringing products that infringed on the exclusive right to use the registered trademark of others. The behavior of the parties violated the provisions of Article 57, Paragraph 3 of the Trademark Law of the People's Republic of China, constituting an illegal act of selling goods that infringed the exclusive right to use a registered trademark, and the Jiayuguan Municipal Market Supervision Bureau imposed an administrative penalty in accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China.
The Shandan County Market Supervision Bureau investigated and dealt with the case of an oil limited liability company in Shandan County producing and selling edible oil by passing off unregistered trademarks as registered trademarks
On July 27, 2023, the Shandan County Market Supervision Bureau stopped and ordered a correction within a time limit for the illegal act of producing and selling edible oil by an oil limited liability company in Shandan County by passing off an unregistered trademark as a registered trademark in accordance with the law, and imposed an administrative penalty of confiscation of illegal items and a fine of RMB 12,000.
On May 31, 2023, the Shandan County Market Supervision Bureau conducted an on-site inspection of an oil limited liability company in Shandan County in accordance with the law, and found that the company placed the registered trademark label of "Danzhiyan" special fragrance pressed rapeseed oil and the outer packaging carton of "Danzhiyan" rapeseed oil. After filing and investigation, the No. 22451468 "Danzhiyan" trademark registered by the parties has been declared invalid on edible oils and edible oil products, and it has been maintained on the rest of the goods. From March 29, 2020 to April 11, 2023, the production and sale of raw incense, special fragrance, strong fragrance edible oil and other goods with the "Danzhiyan" label violated the provisions of Article 52 of the Trademark Law of the People's Republic of China, constituting an illegal act of passing off an unregistered trademark as a registered trademark, and the Shandan County Market Supervision Bureau imposed an administrative penalty in accordance with Article 52 of the Trademark Law of the People's Republic of China.
The Linxia Prefecture Market Supervision Bureau investigated and dealt with the case of organic fertilizer produced and sold by an organic developer in Linxia Prefecture with substandard products passing off as qualified products
On June 12, 2023, the Linxia Prefecture Market Supervision Bureau ordered the production and sales of organic fertilizers produced and sold by an organic developer in Linxia Prefecture to pass off substandard products as qualified products in accordance with the law, and imposed an administrative penalty of confiscation of illegal gains and a fine of RMB 6,000.
On April 13, 2023, the Linxia Prefecture Market Supervision Bureau received the relevant inspection report, showing that the mass fraction of organic matter in the inspection project of organic fertilizer (powder) produced by an organic developer in Linxia Prefecture did not meet the requirements of the NY T525-2021 standard and the "Gansu Province 2023 Waste Product Quality Special Supervision and Random Inspection Implementation Rules" GZJ JX004-2023, and was judged to be an unqualified product. After filing and investigation, the behavior of the parties violated Articles 32 and 39 of the Product Quality Law of the People's Republic of China, constituting an illegal fact of passing off substandard products as qualified products, and the Linxia Prefecture Market Supervision Bureau imposed administrative penalties in accordance with the provisions of Article 50 of the Product Quality Law of the People's Republic of China.
The Jinchang Municipal Market Supervision Bureau investigated and dealt with the case of a jewelry store on Pedestrian Street selling a pendant necklace that infringed on the Olympic symbol "Bingdundun".
On January 15, 2023, the Jinchang Municipal Market Supervision Bureau ordered a jewelry store on Pedestrian Street to stop the infringement of the illegal act of selling a pendant necklace that infringed on the Olympic symbol "Bingdundun" in accordance with the law, and imposed an administrative penalty of confiscation of items and a fine of RMB 6,805.
On November 16, 2022, when the Jinchang Municipal Market Supervision Bureau inspected an on-site inspection of a jewelry store on Jinchang Pedestrian Street, it was found that the party had a "Bingdundun" like ** pendant necklace displayed in the counter, and the Beijing 2022 Winter Olympics emblem was printed on one side of the body (similar to the calligraphy form of the Chinese character "winter"), and the words "Beijing 2022" and the Olympic rings logo were printed on the same position on the other side, and the words "Dai Mengde" were marked on the label, which was suspected of selling goods that infringed on the exclusive rights of the Olympic symbols. After filing and investigating, the parties could not explain the purchase of the Bingdundun-like **pendant necklace**, could not provide purchase receipts and sales records, and could not provide relevant information with the permission of the right holder of the Olympic symbol. The behavior of the parties violated the provisions of Article 4, Paragraph 2 and Article 5, Paragraph 4 of the Regulations on the Protection of Olympic Symbols, constituting the sale of goods that infringed the exclusive rights of Olympic symbols, and the Jinchang Municipal Market Supervision Bureau imposed administrative penalties in accordance with the provisions of Article 12, Paragraph 1 of the Regulations on the Protection of Olympic Symbols.
The Gannan Prefecture Market Supervision Bureau investigated and dealt with the case of Xu Moumou's sale of liquor that infringed on the exclusive right to use a registered trademark
On June 13, 2023, the Gannan Prefecture Market Supervision Bureau ordered Xu Moumou to immediately stop the illegal act of selling liquor that infringed the exclusive right to use a registered trademark in accordance with the law, and imposed an administrative penalty of confiscation of goods and a fine of RMB 61,970.
On May 12, 2023, the Gannan Prefecture Market Supervision Bureau received the "Notice of Transfer of Cases" from the Cooperative Municipal Public Security Bureau informing that the parties were suspected of illegal acts of selling inferior liquor. After filing and investigation, the parties sold a total of 5 boxes of Wuliangye (6 bottles per box), with a total illegal business turnover of 41,970 yuan, and the liquor involved in the case was a product that counterfeited the exclusive right to use the registered trademark of Yibin Wuliangye Group in Sichuan Province. The conduct of the parties violated Article 57, Paragraph 3 of the Trademark Law of the People's Republic of China, and constituted an illegal fact of selling liquor that infringed the exclusive right to use a registered trademark. In accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China, the Gannan Prefecture Market Supervision Bureau imposed administrative penalties in accordance with the law.
*: Gansu Provincial Market Supervision Bureau.
Production: Publicity and Education Information Center.
Review: Public Information and Emergency Management Division.
Selected by the editor
Gansu Provincial Market Supervision Bureau made every effort to ensure the safety of the earthquake area.
Stable quality and guaranteed supply!The Provincial Market Supervision Bureau guarantees the quality and safety of products in the earthquake area throughout the process.
The Provincial Market Supervision Bureau quickly deployed and carried out the earthquake relief work of the provincial market supervision system