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    Fallow Trousers Were Punished. 200 Thousand Clothing Companies Complained To The Quality Supervision Bureau.

    2013/8/8 18:09:00 63

    Casual PantsIntellectual Property RightsDali Garments Co.Ltd.

    < p > Haifeng Dali Garments Co., Ltd. for another company, < a href= "http://www.91se91.com/news/index_f.asp" > casual pants < /a >, a case of law enforcement by Shanwei Quality Supervision Bureau has caused a strong rebound from the punishment - Haifeng County Dali Garments Co. Ltd., the company has no legal basis for punishment by the Shanwei quality Supervision Bureau, and violates the procedures, and it is brought to court. The case has also attracted the attention of Shanwei municipal Party committee secretary. Shanwei Quality Supervision Bureau reported to the municipal Party committee's materials that Haifeng Dali Clothing Co., Ltd. was a malicious damage to the image of law enforcement officers, and suggested that the Shanwei Municipal People's Congress should strengthen the education and supervision of the NPC deputies. It is reported that the case will be open to trial in Shanwei City Court on the 9 th of this month. < /p >
    < p > < strong > the "disqualification" of the casual trousers was replaced by < /strong > < /p >.
    < p > Yu Daliu, director of Dali Garments Co., Ltd., in April 2012, signed a "processing contract" with < a href= "http://www.91se91.com/news/index_p.asp" > Hangzhou < /a > a brand clothing company (hereinafter referred to as the Hangzhou company). The company provided fabric and all accessories with trademark logo and intellectual property rights. The company was responsible for processing 250 pairs of fox casual pants, each processing fee of 30 yuan, and the total processing cost was 7500 yuan (the actual final production of 260 casual pants, the processing cost was 7800 yuan). < /p >
    < p > the two sides still stipulate in the contract that after processing is finished, the QC (i.e. "quality control") designated by the Hangzhou company must be inspected before shipment. The contract requirement is August 5, 2012, and the customer's retail price is 780 yuan / piece. < /p >
    < p > July 11, 2012, the Shanwei quality and Technology Supervision Bureau received the reports from the masses, and the Haifeng Dali clothing company suspected of counterfeiting others' brand clothes, and conducted spot checks on them. According to the inspection results, the quality of a casual pants produced by a brand in Hangzhou does not conform to the hanging tag of "first-class goods", and it is an unqualified product. In August 10th, the Bureau seized the above casual trousers and sealed it for thirty days, then continued to extend the sealing period for thirty days with complicated cases. < /p >
    < p > < strong > the police do not believe that the manufacture and sale of counterfeit behavior < /strong > < /p >.
    < p > October 2012, the Shanwei Quality Supervision Bureau transferred the case to the Shanwei Municipal Public Security Bureau Economic Investigation Group on suspicion of counterfeiting and selling fake goods, and the Municipal Public Security Bureau Economic Investigation Brigade transferred to Haifeng County Public Security Bureau Economic Investigation Brigade. Haifeng County Public Security Bureau Economic Investigation Brigade issued a survey report, the report believes that Dali clothing company is in accordance with the requirements of processing contract for production and processing, earn only 7800 yuan processing fee, does not constitute counterfeiting and selling behavior. < /p >
    < p > but in January 5, 2013, the Shanwei Quality Supervision Bureau still issued the "Notice of administrative penalty", in addition to ordering the production and sale of a Fox brand casual trousers that did not meet the national standards, confiscation of 260 pairs of casual trousers produced, and a fine of 202800 yuan. The penalty amount was calculated according to the price tag provided by the client by 780 yuan / article. < /p >
    According to Yu Da Liu's request, a hearing was held in February 4th this year. However, Yu dliu said, "many of the reasons for our P have not been answered clearly". In April 1st, Shanwei Quality Supervision Bureau issued the "administrative penalty decision", told Yu Da Liu will still be punished according to the original decision. < /p >
    < p > Yu Dali believes that the enforcement action of Shanwei Quality Supervision Bureau has no legal basis and is illegal. Therefore, a complaint is brought to court. < /p >
    < p > reporter read through the inspection report given by Shanwei Quality Supervision Bureau, found that a fox's casual pants produced by Dali Garments Co., Ltd. were only 3-4 grade in the color fastness to dry cleaning, but did not reach the first grade standard (grade 4 standard, but the grade was in conformity with the national standard for qualified products), and the test conclusion was unqualified. < /p >
    < p > {page_break} < /p >
    < p > < strong > NPC deputies: small and medium-sized garment enterprises are in danger. < /strong > < /p >
    < p > the case caused many reactions in Haifeng's small and medium-sized garment enterprises. 6 Haifeng people's deputies from the Shanwei city jointly wrote the letter to the municipal Party committee, saying that the enforcement of the Quality Supervision Bureau was inadequate. < /p >
    "P >" the enforcement of the Shanwei Quality Supervision Bureau has made many small and medium-sized garment enterprises in Haifeng self conscious. After finding this problem, more than a dozen NPC deputies and CPPCC members began to get involved in this matter. Shanwei's 5 consecutive NPC deputies Peng Rizhang and the NPC deputy Zhang Lihua said, "although the relevant reports submitted to the main leaders of the municipal Party committee reflect only 6 signatures of NPC deputies, our views are quite consistent. The enforcement of Shanwei Quality Supervision Bureau is not good enough to suppress enterprises and run counter to the government's policy of supporting the middle and lower enterprises." The Haifeng Federation of industry and Commerce has also written a report to the Shanwei municipal Party committee. < /p >
    < p > this case has aroused the concern of Shanwei municipal Party committee secretary Wen Guohui. On the afternoon of August 5th, the Shanwei Quality Supervision Bureau issued the report materials submitted to the municipal Party committee secretary by the Bureau. Materials: Haifeng Dali Garments Co., Ltd. repeatedly innuendo, falsely accused the Bureau of punishing and discredited various functional departments because of its failure to entertain guests. Up to now, no violation of discipline has been found in the staff of the Bureau. In addition, the Shanwei Municipal People's Congress recommended strengthening the education and supervision of NPC deputies. < /p >
    < p > < strong > both sides say "/strong > < /p >.
    < p > fined the company: the quality supervision bureau is not responsible for the enforcement procedures. "/p >
    < p > Yu Dali believes that the Shanwei Quality Supervision Bureau will detect the simple and general "unqualified" three words in the report as the basis for its administrative punishment, and does not understand the difference between qualified products and first-class products, which is "extremely irresponsible". < /p >
    < p > Yu Dali said that even if the casual pants produced by him were really in question, they were only produced according to the processing contract, and the total processing cost was only 7800 yuan. The Quality Supervision Bureau, on the basis of the price tag provided by the processing party, imposed a fine of 202800 yuan on the basis of the price tag. "This is extremely unfair! 780 yuan / article is neither the market price nor the actual gain or profit" of the goods. < /p >
    < p > according to the law of the PRC on the quality of domestic products, the quality of the products that are supervised by spot checks shall be corrected within a prescribed time limit. If the relevant departments fail to make corrections after the announcement, they shall be ordered to suspend business, and the business license shall be rectified within a time limit or even cancelled. If a product has a serious quality problem, it may be punished in accordance with the relevant provisions of the fifth chapter of the law. < /p >
    < p > Yu said that even if the casual pants were not up to the first grade standard, they had already met the standard of qualified products, and the client QC had not yet detected the products, so there would be no possibility of entering the market, and did not meet the requirements of serious problems. "Why can the Shanwei Quality Supervision Bureau jump over the procedures of ordering rectification and other procedures in law enforcement, and impose penalties on confiscation of products and fines?" < /p >
    < p > {page_break} < /p >
    < p > Shanwei Quality Supervision Bureau: although it is commissioned processing, it does not prevent punishment < /p >.
    < p > > the responsible person of Shanwei Quality Supervision Bureau explained: "the" unqualified "here refers to the fact that the actual quality of the casual pants is not consistent with the tag hanging. According to the relevant provisions of the" opinions on the quality of products of the Republic of China ", the quality supervision Bureau can impose a fine on the enterprises involved in the enforcement of the law in the process of handling the cases of serious quality problems. < /p >
    < p > on the issue of 202800 yuan ticket, the Shanwei Quality Supervision Bureau official said that the quality supervision department is aiming at the production area, and will not pay attention to and investigate whether the enterprises involved are entrusted or entrusted with other enterprises. In this case, although Haifeng dresses clothing company and another clothing company have authorized processing and other civil relations, but this does not hinder the quality supervision departments to impose administrative penalties on the enterprises involved. The ticket issued by the Shanwei Quality Supervision Bureau is determined on the basis of the retail price hanging on the casual trousers. According to the punishment regulations of the PRC quality control method, the Bureau issued a ticket of 202800 yuan to the involved enterprises. < /p >
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