Shenzhen Inspection And Quarantine Bureau Focuses On Twelve Products, Such As Clothing.

In order to conscientiously implement the AQSIQ's spirit of implementing the State Council's notice of combating the special action plan for combating intellectual property rights and counterfeiting and selling fake commodities, combined with the actual situation in Shenzhen, Shenzhen inspection and Quarantine Bureau launched a special action to crack down on intellectual property rights and manufacture counterfeit and shoddy commodities (referred to as "doubles") for three months, and has achieved certain results.

Especially in the first special action last month, a large number of forged inspection and quarantine certificates were seized, and 6 suspects were arrested at the scene, which effectively cracked the illegal act of making and selling counterfeit documents.

This reporter learned from the Shenzhen inspection and Quarantine Bureau yesterday.

Liu Shengli, director of the Bureau, said in an interview that the Bureau's "doubles" special action will be "heavy punches" to infringe upon intellectual property rights and manufacture and sell fake and inferior commodities.

The key products of the attack include twelve kinds of products, such as auto parts, mobile phones and clothing exported from Shenzhen port.

There have been records of quality violations, records of quality failures, internal and external records.

One

Special campaign wins first battle

In order to carry out the special action more effectively, the Shenzhen inspection and Quarantine Bureau proposed three measures to increase the intensity of illegal inspection and quarantine, and to strengthen the construction of a long-term mechanism for cooperative supervision. The 15 concrete measures were taken.

Adopting strict supervision and combating investigation and handling methods, we should further strengthen the main responsibility of product quality of production enterprises, establish and improve a long-term mechanism of synergy management among the regulatory bodies, enhance the quality level of import and export enterprises in Shenzhen, clean up the market environment, and promote the healthy development of import and export trade.

In an interview, the reporter learned that the Shenzhen inspection and Quarantine Bureau has specified the focus of the "doubles" action in the specific action plan formulated, including the export of auto parts, mobile phones, clothing, small household and similar electrical appliances, toys exported to Shenzhen port.

Recently, the Shenzhen inspection and Quarantine Bureau focused on the products with large export volume at Shenzhen port and all kinds of counterfeit or forged inspection and quarantine certificates, and launched the "doubles" special action quickly.

The "doubles" special operations won the first battle.

In November 16th, the Shenzhen police jointly destroyed the dens of a fake selling inspection and quarantine certificate in Luohu.

According to the clues provided by the suspects captured at the scene, the forged fake inspection and quarantine official seal in Huang Bei Ling village was destroyed on the same night.

In Luohu District, the agency destroyed a number of dens for manufacturing and selling fake inspection and quarantine certificates in one fell swoop, and fired the first shot of "special action against intellectual property rights and counterfeiting and shoddy products".

On the same day, 6 suspects were arrested on the scene of operation, 58 of them were seized, 300 fumigation / disinfection, health, plant inspection, veterinary, health certificates, more than 100 electronic inspection and quarantine models, and a number of computers that were used for the crime. They effectively cracked down on the illegal activities of making and selling fake inspection and quarantine certificates, and eliminated the inspection and quarantine order in Shenzhen area, further consolidating the results of the special action taken by the procurator and the police to carry out joint anti fake certificates.

Two

Intensive assault on commodities and enterprises

Since November this year, the Shenzhen inspection and Quarantine Bureau opened the prelude to the "doubles" special action. It has invested all over the world to conduct intensive surprise inspections on the relevant production enterprises and products in Shenzhen, and severely crack down on the illegal activities of manufacturing and selling fake inspection and quarantine certificates.

It is understood that in November 25th, the Shenzhen inspection and Quarantine Bureau jointly with the Shenzhen police destroyed the inspection and quarantine certificate dens of the inspection and quarantine certificate at Luohu District Hai Long Huayuan mansion.

3 suspects were arrested at the scene, 7 fake Chinese and English visa and 7 fake inspection and quarantine certificates were seized.

In the near future, the bureau also conducted surprise inspections on key products and key enterprises, and standardized their production and operation behaviors.

According to the briefing, the Bureau has dispatched 1840 law enforcement personnel, and strictly inspected 425 kinds of enterprises such as auto parts, mobile phones, wood-based panels, low voltage appliances, household appliances and cosmetics.

Among them, the export mobile phone manufacturing enterprises as a key target, a total of 92 inspections.

The contents of the inspection include: forgery, counterfeiting the name of another factory, site, forgery of geographical indications and other quality signs, no production license production, no mandatory certification production and sales products.

No illegal activities were found in the inspection results.

At the same time, 554 batches of garments, 278 batches of small household and similar electrical appliances, 83 batches of toys, 1061 batches of shoes and 1103 batches of furniture were inspected.

Among them, 1 batch of clothing quality was found to be unqualified.

Three

Targeting focuses on three stages.

Liu Shengli told reporters that the Shenzhen inspection and Quarantine Bureau will closely focus on the overall work plan of the General Administration, focus on the key points, do not leave dead ends and work for practical results, take the products with large export volume in Shenzhen port and all kinds of counterfeit or forged inspection and quarantine certificates as the key points, adopt a combination of strict supervision and investigation and inspection, and carry out a three month "doubles" special action to strive to further strengthen the main responsibility of product quality of production enterprises, establish and improve the long-term management mechanism of synergy between the regulatory bodies, enhance the quality level of import and export enterprises in Shenzhen, clean up the market environment, and promote the healthy development of import and export trade.

According to the work of the General Administration of quality supervision, inspection and quarantine, the special operation is carried out in three stages: the mobilization phase is based on the requirements of the General Administration of quality supervision, inspection and quarantine, and the inspection and Quarantine Bureau of Shenzhen. Combined with the characteristics of its own work, the relevant units formulate specific implementation rules before November 30th, and complete the mobilization deployment. The second stage is the implementation stage of the organization. From December to February of next year, the relevant units should carry out their actions in accordance with their respective implementing rules, and make them responsible for, supervise and implement the results. The third stage is the summary acceptance stage. The Shenzhen inspection and Quarantine Bureau will, on the basis of the summary of the relevant units' special actions, organize the inspection and acceptance team to check and evaluate the implementation of the special operations of various units, solidify good practices and experiences, and improve the long-term mechanism. It is understood that

4{page_break}

Joint action highlights Shenzhen's key features

It is understood that after the national quality inspection system to fight the infringement of intellectual property rights and manufacture and sale of fake and shoddy goods, after the teleconference held by the Shenzhen special inspection and Quarantine Bureau, the Bureau of the inspection and Quarantine Bureau of Shenzhen attaches great importance to it. The director Liu Shengli quickly made instructions to deploy the "doubles" special action, and requested the Shenzhen inspection and Quarantine Bureau to fully reflect the characteristics of the province in accordance with the unified deployment of the AQSIQ, and ensure that the "doubles" special action has achieved remarkable results.

Liu Shengli said that the Shenzhen inspection and Quarantine Bureau will actively participate in the unified and special action of the local government in Shenzhen.

We should actively coordinate the local government and bring the "doubles" special action into the whole action deployment of Shenzhen to attack intellectual property rights and the sale of counterfeit and shoddy goods, and form a "double dozen" chess game in the city.

The special action plan for counterfeit and shoddy commodities will focus on the six months' special action to set up a special action leading group to jointly lead the joint operation of all departments in Shenzhen to protect the right to make, trademark and patent rights and new plant variety rights. The focus should be focused on the areas where product manufacturing centers, commodity distribution centers, infringing intellectual property rights and counterfeiting and selling fake and shoddy commodities. Focusing on the areas of press, publishing, entertainment, high-tech industries and agriculture, we should focus on commodities such as books, audio-visual, software, bulk export commodities, auto parts, mobile phones, medicines and seeds, and curb large-scale violations of intellectual property rights, and vigorously purify the market environment. According to reports, the Shenzhen municipal government is currently cracking down on intellectual property infringement and sale.

Liu Shengli revealed that according to the requirements of the AQSIQ "strong coordination", the Shenzhen inspection and Quarantine Bureau will jointly carry out the special action with the Shenzhen municipal market supervision and Administration Bureau.

A special action joint leading group and working group will be set up to take charge of the organization and implementation of specific actions and specific matters, give full play to their respective advantages, strengthen cooperation in special operations, establish and improve the mechanism of information notification, improve coordination and emergency response plan, and strictly investigate and punish illegal practices involving intellectual property rights and counterfeiting and selling of counterfeit and inferior commodities, thus forming a high pressure against counterfeit and shoddy products.

The leading group set up an office, which is undertaken by the legal and comprehensive business department of the Shenzhen inspection and Quarantine Bureau. It is responsible for implementing the overall work plan of the leading group, and actively liaising with the Shenzhen Municipal Administration of market supervision. It also organizes and coordinates various units to carry out special actions against intellectual property rights and the manufacture and sale of fake and shoddy commodities.

Five

Intensify inspection and quarantine supervision of key products

In order to ensure the integrity and effectiveness of the "doubles" special action, and intensify the inspection and quarantine supervision of key products, the Shenzhen inspection and Quarantine Bureau has carried out thorough and detailed decomposition of the tasks and put forward specific implementation requirements.

The branch offices, under the leadership of the competent business offices, have a comprehensive understanding of the enterprises involved in the production license management in the key products of their respective jurisdictions, conduct supervision after the issuance of the certificates for all the certificated enterprises, seriously check the quality control and effective operation capability of the enterprises, and resolutely suspend or cancel the relevant license certificates for failing to meet the requirements for rectification within a specified time limit and for failing to qualifying them.

The competent business offices shall strengthen the risk analysis and evaluation of key products, and appropriately increase the proportion of inspection and Quarantine of key products according to the actual situation in the Shenzhen area. Each branch shall take effective measures to increase the spot inspection and quarantine ratio and increase the frequency of supervision, so as to strengthen the inspection and quarantine supervision of the export enterprises of key products.

At the same time, the branch offices should substantially increase the inspection of the pre shipment inspection of key products, and strive to find the source, tendentious infringement of intellectual property rights and the manufacture and sale of fake and shoddy products from the on-site inspection process, so as to improve the quality of pre shipment inspection.

We should intensify inspection and supervision over key products, especially mobile phones, which are exported by market and logistics, and strictly implement the "three principles" that are visible, controllable and traceable. We should pay close attention to violations of intellectual property rights and the manufacture and sale of fake and shoddy commodities.

We should strengthen the supervision of key products at the port level and intensify the verification of certificates.

We should strengthen supervision by means of port approval, electronic certificate information verification, etc., and issue "disqualification notice" to the unqualified export and replacement goods, and pfer it to the administrative punishment department.

We should conscientiously enhance the awareness of respect for intellectual property rights and take the lead in safeguarding intellectual property rights.

Six

Stable, accurate and ruthless measures against illegal inspection and quarantine

In combating the illegal acts of inspection and quarantine, the Bureau has issued a number of measures, and put strict demands on all departments to strive for a "stable, accurate and ruthless" attack on illegal activities.

First, the relevant departments should formulate specific measures to investigate the counterfeiting or forgery of inspection and quarantine certificates, and focus on strengthening the investigation and treatment of fumigation / disinfection certificates, quarantine certificates, quality certificates, pre shipment inspection certificates and certificates of origin.

Not only should we strictly ban the manufacture and sale of counterfeit or forged inspection and quarantine certificates, but also take measures to expose and reduce the integrity level of enterprises by using counterfeit or forged inspection and quarantine certificates, especially the pre shipment inspection certificates, so as to enhance the initiative and consciousness of honesty and law in enterprises.

The two is to strengthen the management of the mark of origin.

The enterprises that apply for certificates of origin shall strengthen the examination of the origin mark, establish and improve the regular inspection mechanism for the business data of origin and the inspection data of enterprises, and all branches shall strengthen the verification of relevant certificates in combination with routine inspection and supervision work so as to improve the management efficiency.

Three, we should intensify the filing and examination of cases involving infringement of intellectual property rights and manufacture and sale of fake and shoddy commodities, conscientiously strengthen leadership and deal with relevant cases according to procedures in accordance with the law, so as to form a benign punishment mechanism.

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Accelerate the establishment of a long-term mechanism for collaborative supervision

To establish a long-term mechanism for coordinated supervision in all aspects as soon as possible, Liu Shengli revealed that the Shenzhen inspection and Quarantine Bureau will seriously explore the establishment and sharing mechanism of the 12365 system of the Shenzhen municipal market supervision and Administration Bureau in the "doubles" special action. It will effectively guarantee the establishment of the co construction and sharing mechanism from the aspects of institutional setup, staffing and financial support, and enhance the cooperation mechanism of the two bureaus in Information Bulletin, collaborative management and law enforcement linkage.

At the same time, we should further promote the construction of enterprise credit system.

The cooperation between Shenzhen inspection and Quarantine Bureau, Shenzhen Municipal Science and industry and Trade Commission, the market supervision and Administration Bureau, customs and trade associations should be strengthened, and the credit evaluation and implementation of corresponding management measures should be coordinated. The co construction and sharing mechanism should be studied to jointly promote the construction of the credit index system of Shenzhen's foreign trade enterprises and create a good atmosphere for good faith and good compliance.

We will continue to promote the establishment of a local government led work mechanism for product quality. Taking Longgang and Baoan as a pilot project, we will focus on the establishment of a regional management system for export commodities, which is responsible for the quality of products, the inspection and quarantine supervision of enterprises, the relevant departments, the trade associations and the participation of social forces.

Support a group of high quality products to produce or export the park / base construction, promote industrial restructuring and regional economic development, and maintain the good reputation of our products.

We should establish a linkage system for famous and excellent enterprises, strengthen cooperation with famous and excellent enterprises, support the development of enterprises with high integrity, and help enterprises enhance their quality awareness and promote independent innovation.

Study and establish the responsibility system of export brand and foreign trade companies, and fundamentally improve the quality of import and export products.

At the same time, improve the system.

We should establish and improve the traceability system for product quality, and improve the emergency response mechanism for foreign early-warning, recall and return products.

All kinds of normative documents issued during the special operation should be followed up and perfected.

In addition, we should further strengthen communication and cooperation with key product industry associations, and actively promote self-discipline.

The competent departments should closely link up with the Shenzhen mobile phone industry association, Shenzhen Toy Association, Shenzhen Electronics Industry Association and other industry associations to fully grasp the prominent situation of intellectual property infringement and counterfeiting and selling of related industries.

All branches shall conduct a thorough investigation of the use of trademarks or brands in the export enterprises of key products within their respective jurisdictions, and require production and subcontracting enterprises to timely report trademark or brand names and their authorization for production and use.

Eight

Crack down on enhanced pfer

Reporters in the "Shenzhen market supervision and Management Bureau and the Shenzhen inspection and Quarantine Bureau jointly cracked down on the infringement of intellectual property rights and the sale and sale of counterfeit and shoddy goods special action plan" saw that in the special action, we need to crack down on illegal activities and strengthen the pfer.

The specific contents include the requirement of timely pfer to the public security organs in line with the standard of criminal prosecution and the alleged crimes.

The public security organ should intervene in the investigation immediately when the scene is seized and the perpetrator may abscond or destroy evidence.

At the same time, the effective link between administrative law enforcement and criminal justice will be strengthened strictly according to the relevant pfer provisions, so as to prevent cases from being sent to penal instead of punishment.

Active support is in line with the procuratorial organs' functions of performing examination, arrest, prosecution, litigation supervision and filing supervision, and supports the court's efforts in handling cases involving infringement of intellectual property rights and manufacture and sale of fake and shoddy commodities.

In addition, we will make full use of all kinds of news media to form a powerful shock and deterrent to infringing intellectual property rights and selling fake and shoddy products by organizing press conferences, corporate publicity meetings, public exposure of typical cases and in-depth reports on important issues.

Related links

Service information

Violations of intellectual property rights include three categories: infringement, trademark, and patent.

1.

Violation of the right to make a right can be further classified as infringing upon personal rights and infringing on property rights.

2.

The infringement of trademark rights is mainly manifested in the act of embezzlement and fraudulent use of others' trademarks, which can be classified into two categories: positive and reverse.

3.

The infringement of patent rights is mainly manifested in the implementation of the patent without patented permission.

The provisions of the criminal law for infringement of intellectual property rights are divided into four categories.

The first category is a crime of infringing trademark rights.

It includes: without the permission of the registered trademark owner, the trademark which is the same trademark as the registered trademark is used in the same commodity, and the circumstances are serious enough to constitute a crime; if the sale knows that it is a counterfeit registered trademark, the amount of the sales amount is relatively large, which constitutes a crime; and forging or unauthorized manufacture of his registered trademark logo or the sale of forged or unauthorized manufacture of a registered trademark mark, which constitutes a serious crime.

The second category is a crime involving patent infringement.

It mainly refers to the behavior of counterfeiting others' patents and serious circumstances.

The third category is a violation of the right to commit crimes.

It mainly refers to copying and distributing works, works of music, films, TV and videos, computer software and other works with the permission of the authorized person, publishing the books that others enjoy exclusive rights to publish, making copies of the audio and video recording produced by them without the permission of the producers of audio-visual videos, or making or selling works of art that are counterfeited by others.

The fourth category is the crime of infringing trade secrets.

The criminal law stipulates that the business secrets of the obligee shall be obtained by theft, temptation, coercion or other improper means; the commercial secrets of the obligee who disclose, use or allow others to use the previous means; if they violate or violate the requirements of the obligee's conservative commercial secrets, disclose, use or allow others to use their business secrets, thereby causing serious harm to the business secret rights, thus constitute a crime of infringing commercial secrets.

What is fake and Shoddy Commodity {page_break}?

1.

Counterfeit goods: when the goods are manufactured, they imitate the appearance of others' products vividly, or reproduce and sell products that have been protected by intellectual property without authorization, so as to imitate others' products.

In the current market, it mainly displays the use of counterfeiting, forging other people's trademarks and symbols, and using others' unique names, packaging, decoration, factory name and site, and counterfeiting products marked by quality certification and production license.

2.

Fake and inferior commodities refer to the commodities that are produced or sold, which are in violation of the provisions of China's existing laws and administrative regulations, and their quality and performance indicators fail to meet the requirements laid down by China's published national standards, industrial standards and local standards, or even products with no standard production.

How to distinguish fake and inferior commodities

First, recognize the trademark logo.

Generally speaking, registered trademarks are used in famous commodities, and trademark labels and "registered" or "R" words are printed on the packages.

When buying goods, consumers should develop the habit of observing the registered trademarks of goods.

Two, pay attention to the quality of packaging and printing.

Generally speaking, the packaging materials of famous and famous commodities are comparatively exquisite, and the packaging and decoration patterns are clear, vivid, color appropriate and firm.

Counterfeit and shoddy goods are mostly used for the identification of the inferior trademarks or the handprinted ones themselves. It is easy to have the phenomenon of color imperfection, graphic aliasing, blurred patterns, irregular sealing, binding and pasting.

Three, pay attention to the instructions on the package.

Famous commodities (including imported high-quality goods) will specify the contents of the name, factory name, site, specification, type, composition, net weight and date of manufacture on the package. The producers of high quality commodities will not have to hide their own situation from consumers, while manufacturers of fake and shoddy commodities often deliberately avoid and do not indicate the above contents. Most commonly, there is no factory name, factory site or only the words "made in China".