We Must Also Guard Against "Traps" When Accepting Orders.

Now, with the intensification of market competition, many enterprises have chosen the shortcut to accept order production, but there are also some traps and risks.

Over the past few days, Mr. Li, the head of an electronic and electrical appliance company in Zhejiang, Wenzhou, regretted the carelessness of his purchase order, because it was his fault, which brought a loss of more than 50 thousand yuan for the company.

The German "OSRAM" brand is suffering from counterfeit pain. In March 13th of this year, Rahm, a Cci Capital Ltd staff member from Shanghai dragon exhibition, reported to Zhejiang Wenzhou branch of Wenzhou City Industrial and commercial bureau, Xianyang industrial and commercial institute. The agent of Germany's Oscar Co., Ltd., registered in China, was called "OSRAM".

After receiving the report, the law enforcement officers immediately rushed to the scene for inspection. In the company's workshop, 4479 of the fluorescent ballasts were marked "OSRAM" and "OSRAM (China) Lighting Co.", and 1065 were semi-finished products.

The parties can not provide legal and effective procedures at the scene, and the law enforcement personnel will then detain the above articles according to law, and investigate them on file.

From the beginning of her acceptance of her population order, he made a survey to find out that in February 19th, a woman surnamed Wang, who claimed to be the general export agent of the European Union Shanghai Henri International Trading Co., called the company to request the production of a batch of "OSRAM" ballasts for fluorescent lamps.

In March 2nd, Wang paid a deposit of 1000 yuan through a bank account. After the company had not obtained relevant information, orders and authorization letter, the company began to arrange production. Until the date of issue, a total of 4479 semi-finished products and 1065 semi-finished products were produced for the fluorescent ballast products marked "OSRAM" trademark and "OSRAM (China) Lighting Limited company". It has not yet been sold, and the total illegal business volume is 26 thousand yuan.

In April 28th, the party served the notification of administrative penalty to the company.

Mr. Li, the person in charge of the company, put forward a written pleadings, claiming that he had asked for orders and authorization from Wang many times, but she was perfunctory every time.

In March 12th, Wang called to urge the goods, said that the next day to pick up the goods, but in March 13th this day, but can not contact Wang, but came to the complainants and business law enforcement officers.

Therefore, he believed that Wang and the complainants were a group of "swindlers" who set themselves up to be fooled. Moreover, his company had not caused any impact on the "OSRAM" trademark, and should not be subject to administrative penalties.

In May 6th, when the board once again examined the case, it believed that the contractor should make a review of whether the ordering party had the exclusive right to use the registered trademark after processing the goods registered with others.

In this case, when the company has not examined whether the ordering party has the exclusive right to "OSRAM" registered trademark, in order to pursue the profits of the enterprise, he has been engaged in counterfeit production without authorization, and has not yet done the duty of care. He has to bear tort liability.

Therefore, the decision of administrative penalty of 25 thousand yuan shall be maintained without taking the defense opinions of the parties concerned.

The industrial and commercial department reminds the enterprises that when accepting the order production, we should pay attention to "one check, two look and three needs", so as to protect their legitimate rights and interests from being damaged.

Check out: check whether the customer under the order has a valid and valid business license. If not, be careful that the other party may be a "bag company" and take more precautions.

Two, we need to see whether the other party has certain business credit and have the basic conditions for cooperation so as to avoid falling into the trap set by the other party.

Three: we need to provide customers with the trademark registration certificate or legal right to use the specified production brand and the order form of the book (contract text); if the product passes any certification, and so on, we should also provide relevant materials.