Yantai Anti-Counterfeiting Company Anti-Counterfeiting Query Yantai Anti-Counterfeiting Lawyer

Yantai anti-counterfeiting company anti-counterfeiting inquiry Yantai anti-counterfeiting lawyer
Yantai anti-counterfeiting company, industrial and commercial households sued the Quality Supervision Bureau for exceeding its authority to fight counterfeiting and failed
Due to the investigation and handling of suspected counterfeit Wuliangye and Maotai liquor on the market, the Quality Supervision Bureau was sued by the parties The lawsuit was brought to court on the grounds of exceeding the authority. Does the quality supervision department have the power to crack down on counterfeiting in the circulation field? Recently, the People's Court of Pingguo County, Guangxi made a first-instance judgment and rejected the lawsuit filed by individual industrial and commercial households against the quality supervision bureau for exceeding its authority in cracking down on counterfeiting. On the day of the year, the law enforcement officers of the Pingguo County Quality and Technical Supervision Bureau investigated and dealt with suspected counterfeit Wuliangye and Moutai liquor on the market. The Quality Supervision Bureau was sued to the court by the parties for exceeding its authority. Does the quality supervision department have the power to crack down on counterfeiting in the circulation field? Recently, the People's Court of Pingguo County, Guangxi made a first-instance judgment and rejected the lawsuit filed by individual industrial and commercial households against the quality supervision bureau for exceeding its authority in cracking down on counterfeiting.
On the day of the year, the law enforcement officers of the Pingguo County Quality and Technical Supervision Bureau conducted a product quality inspection on the liquor store operated by Zhou. They found that the Wuliangye and Moutai liquor sold by Zhou were suspected of illegal acts of passing off as genuine, and they immediately took action. The decision was made to collect evidence and seal up the suspected counterfeit wine it sold. After entrusting Yibin Wuliangye Co., Ltd. and Kweichow Moutai Co., Ltd. to identify and review the products, the quality supervision department determined that the batch of wine was counterfeit. The quality supervision department made an administrative penalty decision on Zhou on the day of the year. Wang and others were dissatisfied with the penalty decision and believed that according to the spirit of the documents of the General Office of the State Council, the quality supervision department and the industrial and commercial department have separated the product quality supervision and management functions in the production field and circulation field, and the Quality and Technical Supervision Bureau has exceeded the power, so he filed a lawsuit in court.
The court held that in accordance with the provisions of Article 8, paragraph 2, Article 15, Article 18, and Article 70 of the "Product Quality Law of the People's Republic of China", the defendant had the right to enjoy the administrative penalty against him. Qualifications of law enforcement entities. According to Article 70 of the Product Quality Law of the People's Republic of China, the administrative penalties stipulated in Articles 47 to 57 and 60 to 63 of this Law shall be determined by the quality supervision department or the industrial and commercial administration department. Determined by the terms of reference prescribed by the State Council. If laws and administrative regulations have other provisions on the organs that exercise administrative penalty power, the provisions of the relevant laws and administrative regulations shall prevail. The State Council's Document No. [] issued by the State Council on the day of the year stipulates that the defendant has the function of anti-counterfeiting in the field of circulation. Therefore, the defendant punishes the plaintiff for selling counterfeit wine within the scope of its authority, which is in compliance with the provisions of relevant laws and regulations. . Therefore, the product quality supervision department has the legal authority to supervise, investigate and deal with the production and sale of counterfeit and shoddy goods. The No. 1 document issued by the General Office of the State Council only assigns the functions of commodity quality supervision and management in the circulation field that originally belonged to the State Administration of Quality Supervision, Inspection and Quarantine to the State Administration for Industry and Commerce. However, product quality supervision and anti-counterfeiting administrative law enforcement are two different types of administrative functions that are both related and distinct. The regulations on the adjustment of quality supervision and management functions cannot be regarded as adjusting the anti-counterfeiting functions of the quality supervision department in the circulation field. It belongs to the industrial and commercial department, so it cannot be used as a basis to deny the legal authority of the quality supervision department to crack down on counterfeiting in the circulation field. The plaintiff, Zhou, believed that the defendant, Pingguo County Quality Supervision Bureau, had insufficient basis to investigate and deal with suspected counterfeit Wuliangye and Moutai liquor beyond its legal authority, and the court did not support this. There is insufficient basis for the investigation and punishment of suspected counterfeit Wuliangye and Moutai liquor to exceed legal authority, and the court will not support it.
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