synonymCounterfeit goods(Counterfeit goods) generally refer to counterfeit and shoddy goods
Fake commodity refers to commodities that fail to meet the reasonable expectations of buyers based on product description, brand and other characteristics and the normal production technology level of society in terms of durability, safety and other functions. Generally, it can be divided into three types: fake and shoddy, fake without shoddy and shoddy without shoddy.[3][6]
In real economic life, counterfeits and shoddy goods can be seen everywhere. The range of counterfeiting and selling covers all aspects of daily life, from fake cigarettes, fake alcohol, fake medicines to fake fertilizers, fake pesticides, fake seeds, tofu dregs projects, and assembled cars.[5]In 2008, bySanlu Milk PowderEvent raised“China's dairy product pollution incident”As a result, China's dairy industry suffered a serious crisis of trust.[12-13]In 2011, pig farms in Mengzhou, Wenxian and other places in Henan Province adoptedClenbuterolThe problem of pig feeding was exposed by CCTV, causing a food safety storm.[15-16]In 2012,Poison capsule eventAfter being exposed by the media, it expanded to the depth, and food, cosmetics and other fields were exposed.[20-22]The act of manufacturing and selling fake and inferior commodities has done great harm and has always beenmarket economyThe cancer of.[3]
On March 14, 2023, the Supreme People's Procuratorate announced a typical case of procuratorial organs punishing the crime of manufacturing and selling fake and inferior commodities according to law.In 2022, a total of 3943 people were approved to arrest 2376 crimes of producing and selling fake and inferior commodities, and 14449 people were prosecuted for 7933 crimes of producing and selling fake and inferior commodities.Fully perform the function of legal supervision, and suggest the administrative law enforcement agencies to transfer 2373 suspected criminal cases 2529 people, and supervise the public security organs to file 744 cases 900 people.[17]
Chinese name
Counterfeit and shoddy goods
Foreign name
fake commodity[11]
Main types
Counterfeit and shoddy, shoddy but not shoddy, shoddy but not shoddy
Social hazards
Reduce the efficiency of market resource allocation, lead to chaos of social distribution order, and cause huge losses of social and economic welfare of residents
When the goods are manufactured, they vividly imitate the external characteristics of other similar products, or copy and sell the products that have been protected by intellectual property rights without authorization, so as to pass off others' products.In the current market, it mainly uses and forges other people's trademarks and marks;Use another's unique name, packaging, decoration, factory name and address;Fake qualityProduct quality certification markandProduction licenseIdentified products.[1]
Article 140 of the Criminal Law stipulates that "adulterating or adulterating products" refers to the act of adulterating products with impurities or foreign matters, which causes the product quality to fail to meet the quality requirements specified in national laws, regulations or the product's explicit quality standards, and reduces or loses its due use performance.[2]
The term "passing a fake off as a genuine" as stipulated in Article 140 of the Criminal Law refers to the act of passing a product without certain use performance off as a product with such use performance.[2]
As stipulated in Article 140 of the Criminal Law, "shoddy goods are replaced by high-quality goods" refers to the act of passing low-grade or low-grade products off as high-grade or high-grade products, or passing off defective or old parts and components as genuine or new products after assembly.[2]
The term "substandard products" as stipulated in Article 140 of the Criminal Law refers to products that do not conform to《Law of the People's Republic of China on Product Quality》Products with quality requirements specified in the second paragraph of Article 26.[2]
If it is difficult to determine the above-mentioned acts specified in this article, the product quality inspection agency specified by laws and administrative regulations shall be entrusted for appraisal.[2]
Main types
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Counterfeit and shoddy
Fake brands emerge in endlessly
Such goods refer to those low-quality goods that illegally use others' registered trademarks to engage in the production and operation of products with the same or similar appearance and packaging as others' products, but with substandard quality.The characteristics of this kind of commodity can be summarized in one sentence, that is, "gold and jade are outside, but scandal is inside".However, its price is not very low, and it is often similar to or slightly lower than the genuine goods, which is highly deceptive.This kind of "fake and low-quality" commodity has a wide range of products, from means of production to cosmetics and drinks, from medicine to food, which is extremely harmful to society and has always been the focus of combating counterfeits.[6]
Fake but not inferior
Such goods refer to those who illegally use the registered trademark of others to produce or operate the same or similar products as others.The characteristics of this fake product are that it has a certain use value, and even sometimes its use value is the same as or close to the real product, but it has considerable advantages in price, so its performance price is relatively high, and it is often favored by consumers and has strong market demand.Counterfeit products are often those with high profit margins, such as famous brand clothing, famous cigarettes and wines.Typical examples of counterfeit rather than inferior goods arePirated discs、pirated bookEtc.[6]
Poor quality without counterfeiting
This kind of goods refers to those products that simply fail to meet the quality standards. The difference between them and the two counterfeit and shoddy products discussed above is that they do not infringe the trademark rights of their enterprises.Such inferior products usually appear in such industries, where there is no famous brand product, or even if there is no monopoly advantage in the market, it is easier to enter the market.The manufacturers producing such inferior products are usually family workshop enterprises or illegal assembly plants.The manifestations of these unqualified products are various, which are highlighted in the following aspects: ① The product performance does not meet the technical standards specified by the state, which is mainly reflected in some mechanical parts; ②Health and safety indicators are unqualified, especially in some food and drinks; ③The quantity and quality of the product's memory are not consistent with those marked on the outer package.[6]
Commodities endangering personal and property safety;
six
Commodities whose name does not conform to the quality, the indicated indicators do not conform to the actual situation, or the main indicators do not conform to the national standards;
seven
Goods that falsely use quality or certification marks or license marks;
eight
Adulterate commodities that are fake or jerry built;
nine
Goods that are shoddy, fake or new;
ten
Commodities whose production and sale are expressly prohibited by laws and regulations;
eleven
Commodities without standards or inspection certificates;
twelve
Goods that are subject to production license management but are not marked with license mark and number;
thirteen
The specification, grade and main parts are not marked according to relevant regulationsTechnical indicatorsOr the content of ingredients;
fourteen
Disposal of goods (including substandard products, substandard productsSubstandard product）It is not marked on the conspicuous part of the commodity or its package“Disposal products”(or "substandard product", "substandard product", "substandard product");
fifteen
Produce and sell highly toxic, flammable, explosive and other dangerous goods without marking relevant labels or providing instructions for use as required;
sixteen
Failing to indicate or truthfully indicating the date of production and the date of expiration of a commodity used within a time limit;
seventeen
The place of origin is not marked as required.Business name, business address and other items of goods.[1]
feature analysis
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Fake and shoddy goods almost all belong toExperience commodity(experience goods) and trust goods, not search goods。Nelson distinguishes experience and searching for goods according to the way buyers obtain product quality information. The former refers to goods whose quality can be determined only after purchase and consumption, and the latter refers to goods whose quality can be known through inspection before purchase.Another kind of commodity is called "trust commodity", which is characterized by that buyers can not determine its quality even after consumption, such as health care drugs.In short, the characteristics of fake and inferior goods are asymmetric information, that is, the seller has more quality information than the buyer.[6]
Fake agricultural materials for farming
Second, the vast majority of fake and inferior goods belong toconsumer goods, only a few appear in the middleInputMarket.The final buyers of the consumer goods market are mainly composed of ordinary people, who lack professional knowledge and sufficient discrimination on the performance, quality, completeness and other aspects of the purchased goods, so they are easy to be cheated.However, the purchasers in the input market are different. They are generally professional institutional purchasers, and often have experienced and well trained professional purchasers, and even have special testing instruments or means. It is easier to find out the quality problems of the supplied goods in advance.Buyers' knowledge endowment and discrimination ability determine fake and inferior commodities“market positioning”Is an important factor.Although fake fertilizers and pesticides are intermediate inputs, farmers' knowledge endowment is basically the same as that of ordinary consumers.In addition, the purchase of each consumer in the consumer goods market is usually small in volume and amount, and the cost of searching information is limited;The purchase of intermediate inputs is generally large in volume and high in amount, which can support higher search costs.[6]
Third, fake and inferior commodities basically belong to the scope of necessities.Because there are few substitutes, theirPrice elasticity of demandOften lower.The price here should be understood in a broad sense, including not only the actual monetary price paid by consumers, but also the expected loss of purchasing fake and inferior goods with a certain probability.In this sense, the low price elasticity of demand means that the demand of consumers will not decrease much even if they have been shopping once, and they will just buy from another place next time.This has created a stable and broad market capacity for producers and sellers of fake and substandard goods.[6]
Fourthly, from the perspective of industrial organization, the industries of fake and substandard goods are due to small effective scale and high labor intensityBarriers to entryLow industry.According to the news media, most of the commodities such as fake cigarettes, alcohol and medicines are produced in rural family workshops.Low capital scale, low technical requirements and a large number of rural areas in ChinaSurplus laborThe existence of, together with stable market capacity, makes these industries particularly attractive to fake and inferior producers.[6]
social influence
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Counterfeit and shoddy goods run rampant in the market, causing all kinds of harm but no benefit, which not only seriously damages consumers' vital interests, even endangers their lives and property safety, but also seriously hinders enterprises' independent innovation and inhibits the vitality of economic and social development.[18]
Reduce the efficiency of market resource allocation
The essence of market economy is that the market plays a fundamental role in the allocation of resources and realizes the survival of the fittest and the optimal allocation of resources through price, competition and other levers.The existence of fake and inferior commodities has seriously disrupted the market economic order, distorted the price competition and other levers, and damaged the rights and interests of "high-quality product enterprises".The unfair competition and low price dumping of fake and low-quality goods lead to the fact that genuine goods cannot compete with fake goods, and famous and high-quality goods cannot compete with fake and low-quality goods.At the same time, fake and inferior commodities are rampant, which has hit the enthusiasm of enterprises to develop new products.Almost every new product launched on the market will have corresponding fake and inferior goods. The market of enterprise products will be crowded out. The brand, goodwill and other intangible assets that the enterprise has worked hard to create will be infringed, and the profit will decline. Even survival will become a problem.As a result, many fraudulent enterprises have been unwilling or dare not invest heavily in new technology development and new product development, resulting in more resources flowing to "low-quality product enterprises", thus misleading the flow of resources and reducing the efficiency of market resource allocation.The administrative cost brought by the crackdown on counterfeit products and the advertising expenses incurred by "high-quality product enterprises" related to the crackdown on counterfeit products are "pure waste" of resources.[4]
Resulting in chaos of social distribution order
First of all, fake and inferior commodities have led to a large loss of national tax revenue.As counterfeit and shoddy goods are basically produced illegally underground, and the main illegal means are used to enter the market for circulationTurnover tax, also escapedcorporate income tax。Secondly, fake and inferior commodities also distort the profit level of enterprises.From the perspective of economics, "low-quality product enterprises" tend to have lower total cost curves and average cost curves than "high-quality product enterprises". In addition, "high-quality product enterprises" lead to higher production costs in order to crack down on counterfeiting, so "low-quality product enterprises" generally have much higher total profit margins and average profit margins than "high-quality product enterprises",So as to obtain much more producer surplus than "high-quality product enterprises";That is to say, the market has unfairly distributed income between "enterprises with inferior products" and "enterprises with superior products".This is no different from "rewarding lazy people and punishing diligent people", which does not conform to the principle of "economic fairness" in the market economy, and has caused chaos in the social distribution order.[4]
Cause huge losses of residents' social and economic welfare
In some developed countries, the general production technology is relatively popular, and equipment and technology can be easily obtained. Therefore, the quality gap between fake and substandard goods and genuine goods is not very large. The profits of counterfeiters and sellers are mainly reflected in the occupation of trademarks and goodwill of genuine goods, and have little impact on the social and economic welfare of residents.In developing countries, due to the low level of production technology as a whole, it is difficult to obtain high-level equipment and technology. In order to obtain high profits, counterfeiters and sellers often fake genuine goods with low-quality goods. The "shoddy" behavior of fake and low-quality goods deprives consumers of a relatively large part of the consumer surplus. At the same time, the "shoddy" behavior of fake and low-quality goods deprives consumers of a relatively large part of the consumer surplusThe problem has also caused frequent occurrence of vicious events such as injury, death and disability, which has caused many consumers to suffer from personal, economic and spiritual injuries, and greatly reduced their social and economic welfare level.[4]
Other impacts
In addition, the existence of fake and inferior commodities will also damage the reputation and reputation of the country's commodities, and illegal and criminal activities such as counterfeiting and selling will often breed a large number of corruption, seriously damaging the image of the government.[4]In the face of the severe situation of fake and shoddy products and consumer fraud, "professional fight against dummies" came into being as a supplementary mechanism for market supervision and mass participation mechanism, which also triggered public discussion on the phenomenon of "knowing and buying fake products". However, in any case, only by creating a situation and atmosphere for everyone to fight against fake and shoddy products and forming a social co governance in which the masses participate in the fight against fake products,Only in this way can fraud and fraud be comprehensively attacked and deterred.[27-28]
Cause
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System and system defects
Since the reform and opening up, China has transitioned from the old system of planned economy to the new system of socialist market economy.traditionplanned economyThe government allocates resources in a unified way, without the problem of searching for information. The buyer purchases goods from the relevant seller according to the instructions of the state or the superior, and the seller provides goods that meet the national standards.Under the market economy system, the buyer and the seller must reach an agreement through the market to complete the transaction.Since the seller has more information about the products it sells than the buyer, the problem of information asymmetry arises.In order to earn more profits, the seller will inevitably conceal some information and pass off inferior products as superior ones.At the initial stage of China's market economy development, some laws and regulations supporting the market economy were not perfect, and this information asymmetry was even more serious.[5]
Inefficient supervision and punishment system
First, the legal system is not perfect.Although there are more and more special laws regulating the market in China, there has not yet been a complete and systematic "Industrial and Commercial Administration Law" or "Market Management Law" to determine the name, status, authority and system of the market law enforcement and supervision agencies, and some relevant laws and regulations are too rough, making the market lack the proper order,It has increased the difficulty of investigating and dealing with fake and inferior commodities.Secondly, local protectionism prevails.As law enforcement departments, governments at all levels bear an unshirkable responsibility for combating the manufacture and sale of counterfeit and shoddy goods.However, in some places, the illegal act of manufacturing and selling fake and inferior products is not only not cracked down, but also protected by the local government, making the crackdown on counterfeits impossible.Thirdly, administrative law enforcement means are lacking, equipment is backward, and strength is weak.To crack down on counterfeits, first of all, it is necessary to confirm fake and shoddy goods, but the industry and commerce department has no right to identify in this regard. In addition, it is difficult to investigate and collect evidence, and the industry and commerce department lacks effective cooperation with other departments, which makes it difficult to carry out the investigation and evidence collection of fake and shoddy goods smoothly.[5]
Profit driven by producers and sellers
When making the decision whether to produce and sell fake and shoddy goods, enterprises and individual owners must compare the income obtained from producing and selling fake and shoddy goods with the cost that may be paid, so as to determine the expected remuneration that may eventually be obtained from producing and selling fake and shoddy goods,That is, the expected return on the production and sale of fake and inferior goods=the expected return on the production and sale of fake and inferior goods - the expected cost on the production and sale of fake and inferior goods. Since the objects of fake and inferior goods are often famous brands and high priced goods, the expected return is higher.The expected cost includes the necessary cost - production and sales cost and contingent cost - penalty cost.China is a developing country. Due to the low level of production technology as a whole, it is difficult to obtain high-level equipment and technology. In order to obtain high profits, counterfeiters and sellers often fake genuine goods with low-quality goods with low production costs, and trade off inferior goods for high-quality goods.As China is in the early stage of market economy development, the legal system is not perfect, the administrative means are lacking, and the personal integrity system has not yet been built, leading to the low efficiency of the supervision and punishment system for counterfeiting and shoddy phenomena, resulting in low contingent costs.It can be seen that the huge profits brought by fake and inferior goods are one of the main reasons for the increasingly rampant phenomenon of fake and inferior goods.[5]
Consumer's income level and preference
Rampant piracy
First, income level.The level of income is an important factor affecting consumer demand, which largely determines the level and quality of consumer consumption.In general, consumers should maximize their satisfaction when choosing, that is, spend the least money to get the maximum utility, which is commonly referred to as "cheap and good".When the income level of consumers is low, it determines that they pay more attention to the acceptability of product prices rather than the quality of products when making consumption choices.That is to say, we should pursue low prices in the cost performance ratio of commodities.Because of the budget constraint of income, when consumers are faced with the consumption of certain types of products (when they think that the inferior quality of these types of products will not cause them particularly serious losses, such as books, clothing and other textiles), they still buy these products even though they know they are counterfeit products, because their income level is low,Under the premise that it is difficult to find authentic goods with low price and high quality to replace these low-quality goods in the market, consumers have to actively choose cheap and affordable fake and low-quality goods. This consumer's active choice is also the difficulty of China's current fight against piracy and protection of intellectual property rights.[10]
The second is consumer preference.The low income level of consumers restricts their ability to purchase high-end brand products, but this cannot reduce consumers' desire and preference for high-end brand products.There are some consumers in the market who have a strong preference for high-end brand-name products, but because the price level of most brand-name products is also high (the market positioning of brand-name products is always aimed at high-end consumers, and product development for low-end consumers is a vacancy)This gives counterfeiters the opportunity to use the method of counterfeiting to make counterfeit brand-name products to fill the gap in the market and cater to the needs and preferences of some consumers in this regard.This preference will also enable consumers to buy counterfeit and low-quality brand-name products even though they know they are fake.[10]
Consumer Rights Protection Law of the People's Republic of China
Article 55 Where a business operator commits fraud in providing goods or services, it shall, at the request of a consumer, increase the amount of compensation for the losses it has suffered, and the amount of the increased compensation shall be three times the price of the goods purchased or the cost of the services received by the consumer;If the amount of additional compensation is less than 500 yuan, it is 500 yuan.If the law provides otherwise, such provisions shall prevail.
Where a business operator, knowing that a commodity or service is defective, still provides it to a consumer, causing death or serious health damage to the consumer or other victim, the victim shall have the right to claim damages from the business operator in accordance with the provisions of Articles 49 and 51 of this Law and other laws, and shall have the right to claim punitive damages of less than twice the amount of the losses suffered.[24]
Article 56 In any of the following circumstances, in addition to assuming the corresponding civil liability, the provisions of other relevant laws and regulations on the punishment authorities and punishment methods shall be followed;If there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order them to make corrections, and may, depending on the circumstances, impose a single or concurrent warning, confiscate the illegal income, or impose a fine of not less than one time but not more than ten times the illegal income, or impose a fine of not more than 500000 yuan if there is no illegal income;If the circumstances are serious, it shall be ordered to suspend business for rectification and its business license shall be revoked:
（1） The goods or services provided do not meet the requirements for safeguarding the safety of person and property;
（2） Adulterate or adulterate a commodity, pass a fake off as a genuine commodity, pass a defective commodity off as a high-quality commodity, or pass a substandard commodity off as a qualified commodity;
（3） Producing commodities that have been officially eliminated by the State or selling expired or deteriorated commodities;
（4） Forging the origin of a commodity, forging or falsely using another's factory name and address, altering the date of production, forging or falsely using certification marks and other quality marks;
（5） Failing to inspect or quarantine commodities that are subject to inspection or quarantine, or forging inspection or quarantine results;
（6） Making false or misleading publicity about goods or services;
（7） Refusing or delaying the relevant administrative department's order to stop the sale, warn, recall, innocuous treatment, destroy, stop the production or service of defective goods or services;
（8） Deliberately delaying or unreasonably refusing a consumer's request for repair, rework, replacement, return of goods, replenishment of the quantity of goods, refund of payment for goods and service fees, or compensation for losses;
（9） Infringe the personal dignity, personal freedom or the right of consumers' personal information to be protected according to law;
（10） Other circumstances that shall be punished for harming the rights and interests of consumers as stipulated by laws and regulations.
In addition to being punished in accordance with the laws and regulations, the punishment authorities shall record in the credit files and make public the situation of the operators mentioned in the preceding paragraph.[24]
Article 57 Where a business operator, in violation of the provisions of this Law, provides goods or services and infringes upon the legitimate rights and interests of consumers, which constitutes a crime, criminal responsibility shall be investigated according to law.[24]
Product Quality Law of the People's Republic of China
Article 5 It is forbidden to forge or falsely use authentication marks and other quality marks;It is prohibited to forge the origin of products, forge or falsely use another's factory name and address;It is forbidden to adulterate or adulterate the products produced or sold, and to pass fake products off as genuine ones and inferior products off as good ones.[26]
Article 30 Producers shall not forge the place of origin or forge or falsely use another's factory name and address.[26]
Article 31 Producers shall not forge or falsely use certification marks and other quality marks.[26]
Article 37 A seller may not forge the place of origin, or forge or falsely use another person's factory name or address.[26]
Article 38 A seller shall not forge or falsely use authentication marks and other quality marks.[26]
Article 53 Whoever forges the place of origin of a product, forges or fraudulently uses the name and address of another manufacturer, forges or fraudulently uses certification marks and other quality marks shall be ordered to make corrections, the products illegally produced and sold shall be confiscated, and a fine of not more than the value of the products illegally produced and sold shall be imposed;The illegal gains, if any, shall be confiscated;If the circumstances are serious, the business license shall be revoked.[26]
Civil Code of the People's Republic of China
Article 1203 Where a defect in a product causes damage to another person, the infringee may claim compensation from the producer or the seller of the product.
If the product defect is caused by the producer, the seller shall have the right to recover from the producer after making compensation.If the product is defective due to the fault of the seller, the producer, after making compensation, has the right to claim compensation from the seller.[25]
Methods of safeguarding rights
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Before purchase
Discretionary identification
When consumers are consuming, they should carefully check the qualifications of businesses and the quality of goods, and must purchase goods through formal channels.If offline physical stores consume, please check whether the business license, permit and other information are publicized according to legal requirements;If you buy goods on the online platform or online store, please check the store qualification, product evaluation and other information.[9]
At the time of purchase
When purchasing goods, ask for and keep invoices and other relevant consumption vouchers from the merchants to ensure that there is sufficient evidence to support their legal rights protection in case of consumption disputes.[9]
After purchase
After buying fake and inferior products, consumers can cancel the contract and require the merchants to return the payment for goods and compensate for the loss of three times the price of goods or services.If the amount of compensation is less than 500 yuan, 500 yuan will be compensated.If the purchased goods are food that does not meet the food safety standards, ten times of punitive damages can be applied.[8]
Rights are often protected through the following ways:
one
Negotiate and settle with the operator;
two
Request the consumer association to mediate;
three
Complaints to relevant administrative departments;
four
Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;
five
Bring a lawsuit to the people's court.[7]
Countermeasures
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This catalog is organized in accordance with the National Key Points for Combating Infringement of Intellectual Property Rights and Manufacturing and Selling Counterfeit and Inferior Commodities in 2021.[14]
Deepen key governance
Deepen key areas and market governance
Governance of infringement and counterfeiting in the Internet field.Focusing on food, drugs, medical equipment, epidemic prevention materials, pesticides, cosmetics, children's products, clothing, shoes and hats, home furnishings, auto accessories, etc., we will strengthen the online and offline integrated supervision and strike.We carried out special actions against unfair competition law enforcement in key areas, and severely cracked down on counterfeiting and confusion in key areas such as the Internet, and used technical means to implement unfair competition and other illegal acts.Standardize the order of online business activities such as "live broadcast with goods", severely crack down on the production and sale of infringing and counterfeit goods and the issuance of false advertisements and false propaganda, focus on the rectification of e-commerce websites and platforms, and severely crack down on e-commerce businesses' activities such as buying and selling orders and letters, and buying and selling express orders according to law.We will promote the investigation and handling of product quality violations in the field of e-commerce, and strengthen spot checks and crackdowns during key periods.Carry out special actions, organize special rectification of copyright in key areas, and severely crack down on online piracy that is strongly reflected by the masses and concerned by public opinion.We launched the "Autumn 2021" special action to crack down on online and offline sales of illegal pirated publications.We will deepen efforts to regulate the online performance, online music, and online animation markets.We will strengthen the supervision of Internet enterprises, speed up the construction of the network information law enforcement system, and comprehensively clean up and rectify online information related to infringement, counterfeiting, violation of laws and regulations.
Key market governance.Regularly sort out the problems existing in the market and the implementation of rectification measures, and implement the "one market one file", administrative interview and illegal notification system.We will strengthen the supervision of physical wholesale markets, professional markets, and fairs where infringement and counterfeiting cases frequently occur, and focus on key merchants, infringing and counterfeiting goods, "three no" goods, and unlicensed products with compulsory product certification, which have more complaints from consumers and are highlighted by obligees. We will intensify our daily inspection efforts, increase the frequency of unannounced investigations, and increase penalties for violations.Focusing on the area of people's livelihood, we launched the "iron fist" action, severely investigated and handled a number of cases that damaged the interests of the people, and increased exposure.We will strengthen the transfer of clues to infringement and counterfeiting tax related cases, seriously investigate and deal with related tax violations, organize special tax rectification in related industries and fields, and strengthen the effect of punishment on infringement and counterfeiting.
Deepen governance in key regions
Governance of infringement and counterfeiting in rural areas.We will intensify inspections of farmers' markets, wholesale markets, supermarkets, stores, restaurants, etc. in rural areas and in the rural fringe areas where problems frequently occur, and strictly investigate and deal with illegal and criminal acts such as the production and sale of infringing and counterfeit products, "three no" products (including daily chemicals, clothing, shoes and hats, small household appliances, electronic products, food, etc.), food beyond the warranty period, and unlicensed products for compulsory product certification.We launched a special campaign to crack down on fake agricultural materials, and severely cracked down on illegal and criminal activities such as the production and operation of fake seeds, fertilizers, pesticides, veterinary drugs, etc.We will intensify efforts to investigate and deal with cases of infringement of the right to new plant varieties, counterfeiting of authorized varieties, and production and sale of fake and inferior seedlings.Carry out national sampling inspection and "double random" inspection on the quality of forest and grass seedlings, and strengthen the supervision of the whole process of production and use of forest and grass seedlings.We will crack down on counterfeiting in cotton picking, selling, purchasing and processing.
Centralized regional governance of counterfeiting and selling.For the key areas that have been reported for many times and where infringement and counterfeiting happen frequently, we will strike hard, punish them to the end and deter them in place.For areas with high incidence of infringement and counterfeiting, the rectification was urged through notification, interview, listing and supervision.
Deepen the governance of key links
Control of import and export links.Carry out "Longteng Action" for intellectual property protection and "Net Action" for intellectual property protection of export transshipment goods.Focus on countries and regions along the "Belt and Road", coordinate two-way supervision of import and export, and crack down on cross-border manufacturing and selling of infringing and counterfeit goods.We will strengthen the supervision of the overland transportation of import and export goods and cross-border e-commerce goods by China Europe regular trains, strengthen the supervision of import and export high-risk goods and key routes, and strengthen the supervision of production enterprises and important commodity distribution centers.Give play to the role of relevant departments' overseas representative offices, strengthen external communication and coordination, and provide services and education guidance to overseas Chinese funded enterprises and merchants.
Management of delivery link.Carry out the "Blue Net Action" for intellectual property protection of delivery channels.Urge the delivery enterprises to strictly implement the "three systems" of real name receiving and sending, receiving and sending inspection, and machine security inspection, strengthen the inspection of all kinds of goods received and sent, strictly implement the requirements of real name receiving and sending of express mail, and strengthen and standardize the safety inspection of express mail.Strengthen the source control, strengthen the coordination of departments, timely report the list of infringing and counterfeit goods and merchants to the delivery enterprises, guide the delivery enterprises to strengthen the identification training of infringing and counterfeit goods, and strictly prevent all kinds of infringing and counterfeit goods from flowing into the delivery channels.
Deepen the governance of key products
Life health product governance.We will continue to crack down severely on the production and sale of counterfeit drugs, unregistered (unregistered) medical devices, as well as the production and sale of counterfeit cosmetics and illegal addition of illegal and criminal acts to cosmetics. We will continue to strengthen the investigation and punishment of cases, do a good job in the verification of reporting clues, and increase the coverage of spot checks.Deeply promote the quality and safety supervision of respirators, and do a good job in the special rectification action to improve the quality of respirators.Carry out the national supervision and random inspection of disinfection products, strengthen the supervision and law enforcement of illegal addition of banned substances such as hormones to anti (bacteriostatic) preparations (creams and creams) and the promotion of curative effects, focus on the random inspection of whether anti (bacteriostatic) preparations (creams and creams) sold in retail pharmacies, baby stores, supermarkets and other stores illegally add hormones, and deal with problems strictly and severely according to law.We will promote the online record and inspection mechanism for disinfection products, and intensify the investigation and handling of cases.Implement the "four strictest" requirements for food and drug safety, continue to crack down on food and drug crimes, and strengthen the whole chain protection in the field of food and drug safety.
Environmental protection product governance.We will continue to crack down on the production and sale of counterfeit and substandard lead batteries in accordance with the law.Strengthen the quality supervision of automotive gasoline and diesel, and seriously investigate and deal with the production and sale of fake and inferior automotive oil products, substandard automotive urea, illegal blending of refined oil products, illegal transportation of refined oil products, and the falsification and shoddy behavior of diesel vehicle pollution control devices.The production and sale of ultra-thin plastic shopping bags and fake and inferior degradable plastic products were rectified according to law.Implement the Opinions on Strengthening the Destruction of Infringed and Counterfeit Commodities, and organize all regions to carry out harmless destruction activities.
Product management of geographical indications and signs of major cultural and sports activities.We will seriously investigate and punish violations of geographical indications, and strengthen the protection and supervision of geographical indications in key areas.Promote the sharing of administrative law enforcement information, and establish a whole chain protection pattern of geographical indications.We will strengthen the supervision and protection of the emblems, logos and mascots of major cultural and sports activities, and strictly investigate violations.
Deeply promote the legalization of software
We will strengthen software asset management, expand the scope of joint procurement, and consolidate the achievements of government agencies, central enterprises, and financial institutions in the legalization of software.Promote the institutionalization and standardization of software legalization in provincial state-owned enterprises and important industries.We will expand the scope of supervision and inspection of software legalization, and strengthen the supervision and inspection of software legalization by government agencies, important industries and key fields.Employ a qualified third party to carry out software usage verification focusing on basic software and industrial software, and publish the verification results.
Strengthen the protection of the rights and interests of foreign-funded enterprises
We will investigate and deal with illegal acts such as unfair competition and malicious rush registration of trademarks, such as infringement of trade secrets and confusion of trade marks, and crack down on illegal and criminal activities such as trademark patent infringement and counterfeiting and online piracy.
Improve the level of rule of law
Improve relevant laws and regulations
We will promote the revision of trademark law, anti-monopoly law, anti unfair competition law, product quality law and other laws and regulations, as well as judicial interpretation.We will promote the formulation and revision of legislation in the field of geographical indications and judicial interpretations related to food safety, and introduce regulations on the protection of trade secrets.We will study and formulate litigation norms that conform to the laws of intellectual property cases, improve the quality and efficiency of intellectual property trials, and enhance credibility.
Improve legal service level
Guide lawyers and other legal service workers to actively participate in combating infringement and counterfeiting.Strengthen the construction of arbitration and mediation organizations for intellectual property disputes, and develop a professional and professional team of mediators.Strengthen the supervision and management of relevant judicial expertise institutions and appraisers, and standardize the practice behavior.We will build an intellectual property public service system that is convenient and beneficial to the people, promote the standardization and normalization of intellectual property public services, and make innovation achievements better benefit consumers.
Implement information disclosure system
We will improve the case information disclosure management system, strengthen the supervision, inspection, notification, assessment and evaluation of information disclosure against infringement and counterfeiting, and disclose information on administrative penalties for infringement and counterfeiting in a timely manner according to law.
Strengthen full chain protection
Strengthen department coordination
We will continue to strengthen overall planning and coordination, comprehensively use legal, administrative, economic, technological, social governance and other means, and strive to build a governance pattern of online and offline channels, urban and rural areas, regions, import and export chains, production and consumption links, and national "one game".We will improve the information notification mechanism for enterprises involved in sending and delivering infringement and counterfeiting cases, and strengthen cross departmental cooperation in handling cases.Further open up the whole chain of intellectual property creation, application, protection, management and service, improve the comprehensive management system of intellectual property, and enhance the system protection capability.
Perfect the connection mechanism of execution
We will strengthen the mechanism for linking administrative law enforcement with justice, improve the information sharing, case notification, and case transfer systems, and promote the unification of intellectual property administrative law enforcement standards and judicial adjudication standards.We will give full play to the role of the national information sharing system linking administrative law enforcement and criminal justice in combating infringement and counterfeiting, and further enhance the fight against infringement and counterfeiting crimes.
Give play to the role of industry self-discipline
Encourage the establishment of a self-discipline mechanism for intellectual property protection, support relevant social organizations to clarify their rights and responsibilities, exercise autonomy according to law, play a role, and carry out industry research, rights and interests protection, credit evaluation and other work.
Strengthen the responsibility of market subjects
Guide and urge market entities to conduct self inspection and self correction, self commitment and self management.Guide and urge Internet enterprises, especially online trading platforms, to implement their main responsibilities, strengthen cooperation with obligees, and establish a sound communication and coordination mechanism.Guide the platform to improve the complaint and handling disclosure mechanism of illegal content, and actively disclose the self inspection and disposal of illegal content in a timely manner.We will intensify efforts to crack down on market entities that make false promises to defraud production licenses, revoke and revoke production licenses in accordance with the law, and publicize them to the public.
Promote the construction of integrity system
Rely on the national credit information sharing platform to promote the collection and sharing of credit information in the field of infringement and counterfeiting, and publicize it through the "Credit China" website and the national enterprise credit information publicity system in accordance with laws and regulations.Encourage advantageous credit reporting institutions to integrate and collect information on infringement and counterfeiting and product quality, and participate in the construction of credit systems in relevant industries and fields.Record, expose and punish the illegal and dishonest acts of government procurement in accordance with laws and regulations, further standardize the behavior of the main body of the government procurement market, and maintain the order of the government procurement market.Strengthen the construction of integrity system in the express industry.Carry out credit supervision according to laws and regulations on abnormal patent applications not for the purpose of protecting innovation and malicious trademark registration not for the purpose of use.
Deepen the reform of system and mechanism
Improve the authorization and confirmation system
We will improve the intellectual property protection system for new fields and formats such as big data, artificial intelligence, and genetic technology, and promptly study and develop protection measures for traditional culture, traditional knowledge, and other fields.Study and formulate relevant systems to prevent intellectual property abuse, study and implement differentiated industrial and regional intellectual property policies, and improve the intellectual property review system.
Improve the trial system and mechanism
We will improve the intellectual property litigation system, improve the trial of technical intellectual property, and implement the punitive compensation system for intellectual property infringement.We will deepen reform and innovation in the field of intellectual property trials, and promote the "three in one" reform of civil, administrative and criminal trials of intellectual property.We will strengthen the revolutionary, formal, professional and professional construction of the intellectual property trial team.
Deepen the exploration of procuratorial system
We will intensify punishment of intellectual property crimes and strengthen legal supervision over criminal, civil and administrative cases of intellectual property.We will deepen reform and innovation in the field of intellectual property procuratorial work, explore ways to centralize and unify the performance of criminal, civil and administrative procuratorial work on intellectual property, and enhance the initiative and effectiveness of procuratorial work.Innovate the education and training mode and cultivate a group of expert intellectual property procurators.
Promote the modernization of governance means
Adhere to pioneering and innovation, take multiple measures, use the Internet, the Internet of Things, big data, cloud computing and other modern information technologies, explore and implement the "Internet+supervision" model, strengthen the construction of technology monitoring platform, and improve the ability to track and trace the source and strike accurately.Deeply analyze the trend of infringement and counterfeiting, improve the intelligence guidance and investigation, strengthen the research and judgment of clues and intensive attack, and improve the cooperation efficiency of criminal law enforcement, administrative law enforcement and industry supervision departments.
Strengthen regional cooperation and linkage
We will strengthen guidance for inter provincial law enforcement cooperation, expand the scope of regional cooperation, summarize and promote the experience and practice of regional cooperation linkage, and promote cross regional and cross departmental law enforcement cooperation.
Promote international cooperation and competition as a whole
Participation in international rulemaking
Adhere to the concept of a community with a shared future for mankind, adhere to the principles of openness, inclusiveness, balance and inclusiveness, actively participate in global intellectual property governance under the framework of the World Trade Organization and the World Intellectual Property Organization, and promote the improvement of international rules and standards on intellectual property and related international trade, international investment, etc.Deepen international exchanges and cooperation on judicial protection in the field of combating infringement and counterfeiting, and promote the improvement of international governance rules.
Expand bilateral and multilateral exchanges and cooperation
Actively promote cooperation with APEC, BRICS countries and countries and regions along the "Belt and Road" in combating infringement and counterfeiting, and strengthen communication and exchange with embassies and consulates in China and institutions of international organizations in China.Deeply promote international cooperation in criminal law enforcement, and carry out transnational joint law enforcement actions around key cases.Deepen international cooperation in customs protection of intellectual property rights, and promote joint enforcement actions of transnational customs.We will promote the implementation of the China EU Agreement on the Protection and Cooperation of Geographical Indications.
Support enterprises to safeguard their rights overseas
Strengthen the construction of information platform for intellectual property early warning and rights protection assistance, and promote the formation of overseas intellectual property rights protection assistance network.We will strengthen the construction of overseas information service platforms and provide guidance on responding to overseas intellectual property disputes.We will continue to set up intellectual property service stations for Chinese enterprises in key overseas exhibitions to serve enterprises "going global".Improve the anti infringement management system of overseas exhibitions, and improve the ability to manage intellectual property rights and deal with disputes.
Expand publicity, education and guidance
Strengthen normalized publicity
A variety of thematic publicity activities were carried out around important time points, key deployments and major actions.Focus on publicizing the Internet, rural and rural-urban fringe markets, import and export links, intellectual property protection of foreign-invested enterprises and other key areas and regional governance achievements, dynamically display the remediation of wholesale markets, fairs and other key places, and focus on reporting the results of special remediation and the destruction of infringing and counterfeit goods.
Carry out legal education
We will implement the responsibility system for popularizing the law that "whoever enforces the law will popularize the law", increase publicity and education on the rule of law, include laws and regulations related to combating infringement and counterfeiting in the responsibility list for popularizing the law, and include them in the important content of popularizing the law during the Eighth Five Year Plan.Timely expose typical cases, actively carry out "case interpretation", and implement effective guidance.Organize expert interviews and policy interpretation to enhance the awareness of the whole society to respect and protect intellectual property rights.
Expand external publicity
Relying on international forums and conferences, actively carry out external publicity.Produce and distribute multilingual brochures, foldouts and feature films for publicity, hold an international cooperation forum on combating infringement and counterfeiting, organize on-site centralized interviews and reports by Chinese and foreign media, show the results of work, tell the story of intellectual property protection in China, and show the image of a civilized and responsible country.
Responsibilities of compaction areas
Strengthen supervision and inspection
Strengthen supervision and guidance to local governments and promote the implementation of responsibilities.According to the National Key Points for Combating Infringement of Intellectual Property Rights and Producing and Selling Counterfeit and Inferior Commodities, local governments have formulated detailed implementation plans to crack down on infringement and counterfeiting, effectively curb the frequent occurrence of infringement and counterfeiting, and timely summarize experience and practices.Relevant departments should strengthen supervision and guidance to local governments and promote the implementation of responsibilities.
Conduct business training
Strengthen business training, exchange experience and practice, carry out industry competition and on-the-job training, enhance the ability to do well in intellectual property protection under the new situation, build a team of high-quality cadres, and promote China's intellectual property protection work to achieve new results.
Improve the assessment mechanism
We will carry out performance assessment of activities against infringement and counterfeiting, optimize assessment and evaluation indicators, and promote the implementation of local government responsibilities, based on the key points of the annual national work against infringement and counterfeiting, with local daily work results, information and data submission as the main assessment contents.
Social evaluation
Announce
edit
A market full of fake goods cannot really prosper;In a society where fraud is prevalent, there can be no vitality for development.Every progress in human history is due to the innovation of technology and products.At present, China is in the period of reform, development and social transformation, and the whole society should form a good atmosphere of severely punishing counterfeits and encouraging social innovation, so that the road for law-abiding operators can be unblocked, and the vast number of scientific and technological personnel can innovate boldly, so as to boost China's economic innovation and upgrading, and let ordinary people rest assured of consumption.(Xinhua Online Review)[18]
As a major issue related to people's well-being, there is still a lot of work to be done to combat infringement and counterfeiting.At present, infringement and counterfeiting still exist to a certain extent and within a certain range, the cost of illegal crimes is too low, and the problems such as the open industrialization of counterfeiting and trafficking need to be solved urgently;Fake and shoddy products, false propaganda, price fraud and other phenomena are particularly common in the sinking markets such as counties and townships, and in the segmented consumer markets such as the elderly;Online shopping, sharing economy and WeChat business also bring new parasitic soil for infringement and counterfeiting.The people's yearning for a better life cannot be separated from a safe and secure daily life consumption environment.Cracking down on the production and sale of infringing and counterfeit goods is related to the vital interests of the people, and is a concrete manifestation of safeguarding and improving people's livelihood.(People's Online Review)[19]
