Typical Cases of”Two Festivals” Crackdown in Huangshan City (First Batch)
By: Date: 2021-01-05 Categories: chinesefood Tags: ,
   1. The city detachment investigated and dealt with a fictitious transaction case of a company on an e-commerce platform

   On December 23, 2020, law enforcement officers of the Municipal Comprehensive Administrative Law Enforcement Detachment discovered during an inspection that an employee responsible for store operations on an e-commerce platform was operating the company’s computer. Responsible for the company’s adult products franchise Tmall store operated on Taobao.

   The company first used WeChat to send:”Dear, are you free to participate in the event now? Commission 7 yuan or choose a gift” to actively contact existing customers. After agreeing, ask the other party to log in to the Taobao APP to search for keywords of a certain product in the store operated by the company, and then place an order for purchase. The person responsible for the operation of the company will mark the order after the order to distinguish whether the purchase is true, and then the company will ship it according to the Taobao process (the product is not an order, but some small gifts). After the logistics arrives, the WeChat account will contact the other party, send the principal and commission to the other party, and request to confirm the receipt of the purchase order on Taobao, and then write a favorable comment.

   The company’s fictitious transactions and user reviews deceived and misled consumers and affected consumers’ right to know and to choose. It also constitutes unfair competition for sellers of similar products sold on the Taobao platform, disrupting the normal business order and affecting the healthy development of e-commerce platforms.

  The party’s conduct is suspected of violating Article 17 of the”E-Commerce Law of the People’s Republic of China”. The case is currently being processed.

  2. The city detachment investigates and deals with a company’s infringement of the exclusive right to use a registered trademark

   On December 4, 2020, law enforcement officers of the Municipal Comprehensive Administrative Law Enforcement Detachment conducted an on-site inspection of a dining establishment at No. 39 Xihai Road, Tunxi District, based on the clues of the complaint. On the second floor of the establishment, there is a stall that is currently open with the words”Wugu Yufen” and a sign on the door. It has been investigated that”Wugu Yufen” is a registered trademark of Changsha Wuwei Caotang Catering Management Co., Ltd. The registered category is 43, which belongs to the service category. The above-mentioned trademark is currently within the validity period.

  The service staff of this stall claimed that the raw materials for the product were purchased online, which had not been used up, and were stored in the raw material warehouse. Law enforcement officers found 10 bags of rice noodles in the raw material warehouse, which were labeled:Wumei Caotang·Rice Noodles, Wumei Caotang·Corn Rice Noodles, Wumei Caotang·Black Rice Noodles, Wumei Caotang·Sorghum Rice Noodles, Wumei Caotang·Buckwheat Rice Noodles And so on.

   The catering service company used”Wu Wei Caotang” rice noodles produced by other manufacturers to pretend to be the”Wu Wei Caotang” rice noodles sold by Changsha Wuwei Caotang Catering Management Co., Ltd. Infringes on the exclusive rights of others’ trademarks.

  The party’s conduct is suspected of violating the provisions of Article 57 (2) and (3) of the Trademark Law of the People’s Republic of China. The case is currently being processed.

   3. Huizhou District Market Bureau investigated and dealt with the case of a building material store selling patent invalidation of wooden flooring

   On December 29, 2020, law enforcement officers of the Huizhou District Market Supervision and Administration Bureau found that they were placed on the display cabinets in the business premises during an inspection at a credit building material store in Huizhou District, Huangshan City There is a utility model patent certificate honor display card, patent number:ZL2011200412517, certificate number 1942382, name:a moisture-proof and anti-deformation environmentally friendly solid wood floor, inventor:Shen Jizhong, patentee:Suzhou Fushen Wood Industry Co., Ltd., patent application date:February 18, 2011.

  The law enforcement officers found through inspection that the patent was terminated and invalidated on April 15, 2015 (Announcement No. CN201981756U Volume No. 27-38).

   According to the provisions of Article 84, Paragraph 1 (1) and (2) of the”Implementation Rules of the Patent Law of the People’s Republic of China”, the parties are suspected of It constitutes an illegal act of passing off a patent. The case is currently under investigation.

  4. The Tunxi District Market Bureau investigated and dealt with the case of a shopping mall selling no”3C” certified electric heating platen

   On December 24, 2020, law enforcement officers of Tunxi District conducted an on-site inspection of a shopping mall in Tunxi District, Huangshan City in accordance with the special action arrangement of the “two festivals cracking down on counterfeiting”. 9 electric heating platens with a price of 49.8 yuan were found on the display cabinets of the mall. The outer packaging of the heating platen was printed with”domestic first, patented product”, but the outer packaging did not see relevant patent numbers, implementation standards, and certification marks And production date and other information.

  The parties on site cannot provide 3C certification licenses, only a purchase list is provided. After preliminary examination, the mall was suspected of selling electric heating plates without”3C” certification.

   The above behavior is suspected of violating Article 27 of the Regulations of the People’s Republic of China on Certification and Licensing. The case is being processed.

   5. Qimen County investigates and deals with a real estate brokerage company’s infringement of consumer rights

   On December 22, 2020, Qimen County Market Supervision and Administration Bureau provided clues based on platforms 12315 and 12345 and found that Qimen Branch of a real estate brokerage In the process of handling second-hand housing transactions, citizens fabricate deed tax rates and personal income tax amounts and charge more citizens transaction fees.

   After investigation, the parties involved in fictitious real estate transactions need to pay personal income tax and fictitious actual transaction amount, and actually charge the buyer an additional transaction fee of 8,500 yuan.

  The party’s conduct is suspected of violating Article 13 of the Measures for the Punishment of Violations of Consumer Rights and Interests, which constitutes providing false information or resorting to deception or malicious collusion to harm consumption Violation of the rights of the author. The case is currently under investigation.