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Three trademark infringement cases were selected into the top ten typical cases of special law enforcement action for fake and shoddy food in rural areas

Published Date:Feb.25.2021    Source:    Author:Geographical indication industry network  Viewed:1605

Recently, the General Administration of market supervision, the Ministry of public security and the Ministry of agriculture and rural areas have jointly released 10 typical cases of special law enforcement actions on fake and shoddy food in rural areas. The top ten cases are: Zhejiang Jinhua investigated and dealt with the case of Pujiang Longding non-staple food firm's production and operation marking false production date, edible oil and engaging in salt wholesale business without authorization, and Chongqing Yubei investigated and dealt with the case of Mao Shunming's agricultural and sideline products business department illegally using industrial rosin to process pig head meat; Beijing investigated and dealt with the production and sale of fake "Quanjude" roast duck and the case of "jingyuede" brand roast duck with false label; Tianjin investigated and dealt with the case of xinhaifu Food Trading Co., Ltd. selling food infringing the exclusive right of registered trademark and failing to fulfill its legal obligations such as the food safety law; Chengdu, Sichuan Province investigated and dealt with the case of Lin selling hairy tripe without inspection and quarantine; Hangzhou, Zhejiang cracked the "3.30" case of manufacturing and selling toxic and harmful cow shutter series; Henan Xinxiang cracked the case of "July 21" manufacturing and selling fake brand mineral water; Chongqing Yunyang cracked the case of making and selling fake liquor by Hu and others; Xiamen, Fujian cracked the "June 11" case of illegal slaughter of pigs; Anhui Lu'an investigated and dealt with Zhang's case of producing and selling food that did not meet safety standards. Three typical cases involving trademark infringement are as follows:

Tianjin investigated and dealt with the case of xinhaifu Food Trading Co., Ltd. selling food infringing the exclusive right of registered trademark and failing to fulfill its legal obligations such as the food safety law

In January 2021, according to the report, the comprehensive law enforcement corps of Tianjin Market Supervision inspected the business premises and warehouse of Tianjin xinhaifu Food Trading Co., Ltd. and found 277 boxes of Pepsi concentrated syrup produced by Nanjing Pepsi Beverage Co., Ltd. After on-site identification, the above syrup goods are not produced by Nanjing Pepsi company and belong to the goods infringing the exclusive right to use the trademark of "Pepsi Cola". Law enforcement officers seized the above commodities on the spot and sent samples for inspection. After investigation, the food involved in the case met the food safety standards, but infringed the exclusive right to use the registered trademark. The parties concerned purchased 500 cases of the above syrup, and 223 cases have been sold. The supplier's business license, food business license, food qualification certificate and other materials were not checked at the time of purchase. The behavior of the party concerned violated the provisions of Article 57 of the trademark law, paragraph 1 of Article 53 of the food safety law and Article 67 of the regulations on the implementation of the food safety law, and constituted the purchase of food without inspection of qualification certificates and the sale of goods infringing the exclusive right to use registered trademarks. The comprehensive law enforcement corps of Tianjin Market Supervision issued a warning to the company according to law The administrative penalty of confiscating 265 boxes of Pepsi Cola concentrated syrup and imposing a fine of 458000 yuan. At the same time, Chen, the main person in charge of the parties, was directly responsible for the above violations. According to Article 75 of the regulations on the implementation of the food safety law, the Tianjin comprehensive law enforcement corps of market supervision imposed an administrative penalty of "a fine of 20000 yuan" on Chen.

Henan Xinxiang cracked the case of "July 21" manufacturing and selling fake brand mineral water

In October 2021, according to the clues found in the work, the Xinxiang Public Security Bureau cracked a suspect selling and selling counterfeit brand mineral water, and arrested 12 suspects. 336 thousand bottles of counterfeit brand mineral water, 50 bottles, 80 bottles and 60 labels were found at the scene. According to the investigation, since 2018, the suspect, Zheng Moumou, has set up dens in rural houses, bought equipment and built production lines, and pumped underground water from underground wells to fill fake brand mineral water after simple filtration. Through the development of WeChat, the products sold to many provinces, and the value of the case is over 2000 yuan. At present, the case has been transferred to the procuratorial organ for examination and prosecution.

Chongqing Yunyang cracked the case of making and selling fake liquor by Hu and others

In January 2021, according to the clues found in the work, the Chongqing Public Security Bureau's fake anti-counterfeiting Corps jointly cracked down on a case of counterfeit liquor sold with the Yunyang County Public Security Bureau, and arrested 14 suspect. The scene seized 2 tons of fake liquor, 15 thousand bottles of fake Baijiu liquor, and 8 sets of fake wine packaging. Suspect that Baijiu and other people have bought bottles, bulk liquor and packaging materials without permission from the trademark owner since January 2018. They have set up dens in rural areas of Ya'an City, and have sold and sold fake brand Baijiu in a large quantity, worth more than 1000 yuan. At present, the case has been transferred to the procuratorial organ for examination and prosecution.