In 2023, Guangxi's market supervision department will strive to build a unified market, maintain a business environment of fair competition, show an "iron fist", protect development, investigate and deal with a series of illegal acts such as infringement of intellectual property rights, shortage, and false detection, and effectively escort high-quality development.
1.The case of Longzhou Red Dragonfly Specialty Store selling goods infringing on the exclusive right to use the registered trademark of "Red Dragonfly" was investigated and dealt with by the Market Supervision Bureau of Longzhou County, Chongzuo City
On July 3, 2023, the Longzhou County Market Supervision Bureau transferred the case of the sale of goods infringing the exclusive right to use the registered trademark "Red Dragonfly" by the Longzhou Red Dragonfly Store to the Longzhou County Public Security Bureau for handling in accordance with the law.
On the afternoon of May 18, 2023, the law enforcement officers of the Longzhou County Market Supervision Bureau inspected the Longzhou Red Dragonfly store in accordance with the law according to the report clues, and found that there were 820 pairs and 170 shoes marked "Red Dragonfly" on the shelves of the store. According to the appraisal of Zhejiang Red Dragonfly Shoes Co., Ltd., the trademark owner, the above-mentioned goods are not produced by the enterprise or its authorized enterprises and are counterfeit products. According to the Longzhou County ** Certification Center, the value of the goods involved in the case is 280,000 yuan. After investigation, the above-mentioned shoes with counterfeit registered trademarks were purchased by the parties in the form of logistics express delivery through door-to-door salesmen, and the illegal gains could not be calculated because there were no purchase documents and sales ledgers and other relevant materials.
The sale of goods infringing the exclusive right to use a registered trademark violated the provisions of Article 57 of the Trademark Law of the People's Republic of China, and because the amount involved was relatively large and suspected of constituting a crime, the Market Supervision Bureau of Longzhou County, Chongzuo City, transferred the case to the Longzhou County Public Security Bureau in accordance with the law.
2.The case of Weijia Wholesale Supermarket in Tian'e County, Hechi City, which was investigated and dealt with by the Market Supervision Bureau of Tian'e County, infringed on the exclusive right to use the registered trademark "Niulanshan".
On November 4, 2022, the Tian'e County Market Supervision Bureau imposed an administrative penalty of 2,000 yuan on the illegal act of infringing the exclusive right to use the registered trademark "Niulanshan" in Weijia Wholesale Supermarket in Tian'e County in accordance with the law.
On September 22, 2022, the law enforcement officers of the Tian'e County Market Supervision Bureau inspected the Weijia Wholesale Supermarket in Tian'e County in accordance with the law, and found that the 79 bottles of Niulanshan Aged Liquor placed in the supermarket's business area failed to provide brand authorization licenses, contracts, and purchase bills, which were suspected of being counterfeit products. On October 21, 2022, the appraisal of Beijing Shunxin Agricultural Co., Ltd. Niulanshan Distillery proved that the above-mentioned Niulanshan aged liquor is a counterfeit product that infringes the exclusive right to use the "Niulanshan" trademark produced by Beijing Shunxin Agricultural Co., Ltd. Niulanshan Distillery.
After investigation, the above-mentioned illegal acts of the parties violated the provisions of Article 57 (3) of the Trademark Law of the People's Republic of China, and the Market Supervision Bureau of Tian'e County, Hechi City, imposed administrative penalties on the parties in accordance with the law.
The law enforcement officers of the Tian'e County Market Supervision Bureau of Hechi City keenly found that although the value of the case was not large, it might involve upstream production and wholesale dens, so they transferred clues to the Tian'e County Public Security Bureau and jointly set up a special team to carry out an investigation. After investigation, it was found that since January 2021, Wu and others (who have been handled in a separate case) have sold counterfeit "Niulanshan" liquor to all parts of the country through logistics, and the case will be solved in September 2023, and all 6 suspects will be arrested.
3.The Liudong New District Branch of the Liuzhou Municipal Market Supervision Bureau investigated and dealt with the case of Nanjing Minghou Construction Project selling goods that infringed the exclusive right to use a registered trademark
On March 7, 2023, the Liudong New District Branch of the Liuzhou Municipal Market Supervision Bureau transferred the case of Nanjing Minghou Construction Project *** selling goods infringing the exclusive right to use a registered trademark to the public security organ for handling in accordance with the law.
On March 1, 2023, the Liudong New District Branch of the Liuzhou Municipal Market Supervision Bureau conducted an on-site inspection of a company in Liuzhou on the construction project, and found that the outer packaging of the two fireproof coatings used for fireproof spraying of steel structures in the factory at the project site was marked with the registered trademark of "Youlinsheng" and the words "Jiangxi Longzheng Science and Technology Development", among them, a total of 1275 bags of indoor non-intumescent steel structure fireproof coating YS-110, There are a total of 356 barrels of indoor intumescent steel structure fire retardant coating YS-111 (including 74 barrels of unopened barrels and 282 empty barrels that have been used), and the total sales amount is 1450,000 yuan. According to the on-site appraisal of the client of Jiangxi Longzheng Science and Technology Development, the above two kinds of fireproof coatings are counterfeit products.
The sale of goods infringing the exclusive right to use a registered trademark violated the provisions of Article 57 (3) of the Trademark Law of the People's Republic of China.
4.The case of Guangxi Haiqin Tiancheng Technical Testing Service *** issuing false inspection and testing reports investigated and dealt with by the Market Supervision Bureau of Babu District, Hezhou City
On September 27, 2023, the Market Supervision Bureau of Babu District, Hezhou City, imposed an administrative penalty of 30,000 yuan on Guangxi Haiqin Tiancheng Technical Testing Service for issuing false inspection and testing reports in accordance with the law.
On July 14, 2023, the inspection team composed of law enforcement officers and technical experts of the Market Supervision Bureau of Babu District, Hezhou City, inspected the party Guangxi Haiqin Tiancheng Technical Testing Service *** in accordance with the law, and found that the test results in the test report issued by the party were inconsistent with the original test records, and the test results of the test report (No. GXHQ202302059 12) were inconsistent with the original data and records. After investigation, the behavior of the parties violated the provisions of Article 14, Paragraph 1 and Paragraph 2 (2) of the Measures for the Supervision and Administration of Inspection and Testing Institutions, and the Market Supervision Bureau of Babu District, Hezhou City, imposed administrative penalties on the parties in accordance with the law.
5.The case of infringement of the exclusive right to use a registered trademark by the Fuyuan putty powder processing plant in Jinchengjiang District, Hechi City, investigated and dealt with by the Market Supervision Bureau of Jinchengjiang District, Hechi City
On April 12, 2023, the Market Supervision Bureau of Jinchengjiang District, Hechi City, transferred the case of infringement of the exclusive right to use the registered trademark of others by Fuyuan putty powder processing plant in Jinchengjiang District to the public security organ for handling in accordance with the law.
In March 2023, the Jinchengjiang District Market Supervision Bureau found that the putty powder produced and operated by the Fuyuan putty powder processing plant in Jinchengjiang District was suspected of infringing the exclusive right to use registered trademarks such as "Nippon" and "Dulux". Due to the large scale of production of the processing plant, which may constitute a crime, the Jinchengjiang District Market Supervision Bureau immediately notified the public security organs of the clues of the case. On July 28, 2023, the Jinchengjiang District Market Supervision Bureau and the Jinchengjiang Branch of the Hechi Municipal Public Security Bureau jointly carried out a law enforcement action to crack down on the infringement of the exclusive right to use the trademark, during which 2 production dens and 1 sales point of the processing plant were destroyed, and 184 packs of putty powder suspected of infringing the exclusive right to use the "Nippon" trademark, 1098 packs of putty powder suspected of infringing the exclusive right to use the "Dulux" trademark, and 9406 putty powder packaging bags suspected of infringing the exclusive right to use the "Dulux" trademark were seized on the spot, and 4 suspects were arrested. At the same time, the Jinchengjiang District Market Supervision Bureau also filed a case for investigation of its six down-line dealers in accordance with the law, and imposed administrative penalties in accordance with the law.
After investigation, from March 2022 to July 2023, the processing plant produced a total of more than 30,000 bags of counterfeit "Dulux" brand putty powder and more than 1,000 bags of counterfeit "Nippon" brand putty powder, and as of the time of the case, a total of more than 20,000 bags of counterfeit "Dulux" brand putty powder and more than 500 bags of counterfeit "Nippon" brand putty powder were sold, and the amount involved amounted to 1.42 million yuan. The behavior of the parties violated Article 57 of the Trademark Law of the People's Republic of China, and because the amount involved was relatively large and suspected of constituting a crime, the Jinchengjiang District Market Supervision Bureau transferred the case to the public security organ in accordance with the law, and the case has now been transferred to the procuratorate for review and prosecution.
6.The Market Supervision Bureau of Ningming County, Chongzuo City, investigated and dealt with the production and sale of counterfeit and shoddy putty powder, tile adhesive, and infringement of the exclusive right to use registered trademarks of others
On September 15, 2023, the Ningming County Market Supervision Bureau transferred the case of Guangxi Dingnai Building Materials suspected of producing and selling counterfeit and shoddy putty powder, tile adhesive, and infringing on the exclusive right to use others' registered trademarks to the Ningming County Public Security Bureau for processing.
On June 19, 2023, the law enforcement officers of the Ningming County Market Supervision Bureau went to the company for law enforcement inspections according to complaints and reports, and found 3,180 bags of products such as "Dr. Wall Exterior Wall Anti-cracking Putty Powder", "Nippon Paint Luxury Super Anti-Crack Putty King Interior Wall Special", "Dr. Wall Deodorant Protective Wall Environmental Protection Putty Powder (Inner Wall)", with a total weight of 6360,000 kilograms; 23 barrels of products such as "raw material gray calcium powder", "TRC-2 flexible water emulsion (tile preparation emulsion)", "Longhu strong ceramic tile adhesive", "Kaijuduo general K-type waterproof coating" and other products; There are 1320 outer packaging bags for products such as "Jingdun Degao Packaging Bag", "Jingdun Degao Packaging Bag" and "Wanbao Packaging Bag". After sampling inspection by the statutory authority, 2 specifications of the putty powder produced by the company were judged to be unqualified products; The Nippon Paint Luxury Super Anti-crack Putty King (for interior walls) AAA grade green environmental protection products produced by it have been identified and identified as products produced or authorized by non-right holders with the assistance of Guangzhou Nippon Paint Coatings.
The company's production and sale of substandard products and infringement of the exclusive right to use registered trademarks of others violated the provisions of Article 13, Paragraph 2 and Article 39 of the Product Quality Law of the People's Republic of China and Article 57, Paragraph 3 of the Trademark Law of the People's Republic of China.
**丨Guangxi market supervisionEditor丨Jiang XiheProofreading丨Hu ZongmeireviewNuclear丨Liao XiaodongProducer丨Zou HuanjunPrevious Highlights Spoilers! Yulinnong, come to "Jiaojiao Street" to celebrate the New Year together.
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