”Through this proposal, we learned about the sale of counterfeit high-end brand wines in some catering companies The illegal phenomenon of packaging materials… Here, I would like to thank the city and district procuratorial organs for their efforts.”
——Shanghai Catering Industry Association Reply Letter< /span>
The Chinese New Year of the Year of the Ox is approaching. Partying and drinking are always an indispensable holiday during the New Year.
Recently, the People’s Procuratorate of Songjiang District, Shanghai has handled a series of counterfeit registered trademarks of high-end liquors such as”Moutai” and”Wuliangye”, and sold products with counterfeit registered trademarks. case.
In this series of cases, counterfeiters have long recovered high-end wine bottle caps, wine bottles and other packaging materials from many hotels in this city, and then used low-end The method of wine drip irrigation pretends to be high-end wine for sale.
The procuratorial agency found loopholes in the recycling of alcohol packaging materials during the handling of the case, which objectively became a link in the counterfeiting industry chain, leaving criminals with opportunities to take advantage of machine. Regarding the problems in the disposal and management of high-end alcohol packaging materials reflected in this series of cases, the procuratorial organs actively extended their functions, promoted comprehensive social governance, and issued procuratorial recommendations to the city’s catering and cooking industry associations and liquor circulation industry associations. , And continue to communicate with the association, and work together to contribute to the healthy development of the wine market and the vital interests of the general public.
There is a problem
The phenomenon that catering companies sell high-end alcohol packaging materials at high prices has attracted attention. In this series of cases, it was discovered that the waiters of many catering companies sold high-end alcohol packaging materials to counterfeiters at high prices for profit by themselves or under the organization of senior management of catering companies. At present, nearly 20 catering companies involved in the case have been verified, including restaurants, seafood hotels, etc., located in many areas of the city, especially in the central city, where this phenomenon is more prominent, and they are mainly high-end catering companies. In this series of cases, the waiters of the catering companies involved sold high-end alcohol packaging materials for a total of more than 1.3 million yuan, and sold more than 3,000 bottles of”fake wine”.
Disposal of alcohol packaging materials and storage of alcohol on behalf of others have a higher risk of participating in counterfeiting. On the one hand, the waiters of catering enterprises can collect a large number of packaging materials such as wine bottles and bottle caps in the work of disposing of the wine bottles consumed by consumers. The lack of supervision in the process can easily lead to the secondary use of wine packaging materials by counterfeiters. On the other hand, some waiters in catering companies also take advantage of the convenience of servicing wine on behalf of customers, and use low-end and inferior wine to replace real wine with”fake wine”. Some of the”fake wine” are counterfeit personnel who collect packaging materials. It was purchased from other places, forming a criminal chain in which waiters provide packaging materials, counterfeiters make fake wine, and exchange fake wine for real wine.
is more common in the sale of high-end alcohol products through retail stores with a mixed truth. In this series of cases, the counterfeiters mainly sold counterfeit high-end brands of alcohol to commissaries, private liquor stores and other operators, and the above-mentioned operators sold them in a mixed manner. The purchase channels of operators are relatively scattered, often accompanied by the recycling of high-end wines, and “fake wine” is easily mixed in the process, which is likely to cause infringement and food safety risks.
The series of cases reflect that high-end wine packaging materials are important and necessary raw materials for counterfeit wine, and the catering industry produces a large number of wine packaging materials in its operations. If the handling and management are improper, it is easy to cause the manufacture and sale of counterfeit products, which will seriously infringe the intellectual property rights and legitimate rights and interests of alcohol enterprises. At the same time, the old wine bottles, bottle caps and other materials used in the production of counterfeit wines and the process of drip irrigation can not guarantee production hygiene and product quality. There are serious food safety hazards that endanger the human health of consumers.
Causes of the problem
In the absence of management in the processing of wine packaging materials, corporate compliance awareness needs to be improved. Waiters in catering companies have weak legal awareness, and lack basic understanding of suspected crimes when they are engaged in the recovery of alcohol packaging materials to help others make counterfeit behaviors. Some hotels even use the recycling of high-end alcohol packaging materials as”gray income.”
The management of wine business by catering enterprises needs urgent improvement. Some companies have blank or ineffective disposal and management of alcohol packaging materials, and some companies have loopholes in the management of alcoholic beverages kept in stores.
The management of packaging material circulation links is blank, and sales terminals lack supervision. The recycling and disposal of wine packaging materials lack industry regulations and operating standards. The use of genuine wine packaging materials to produce and sell counterfeit products is difficult for ordinary consumers to identify, and it is easy to cause suppliers to mix genuine and fake products.
According to relevant laws and regulations, the procuratorial organ recommends relevant industry associations:
Strengthen industry guidance, and improve the legal awareness of operators and employees through legal presentations, typical case notifications, individual interviews, etc.;
supervise and urge the catering industry operators to establish and improve the management system for the recycling of alcohol packaging materials, select some catering companies as benchmark demonstrations, provide industry guidance and reference templates, and give play to The advantages of unified recycling and unified destruction of franchised stores and authorized suppliers reduce the risk of high-end alcohol packaging materials flowing into the chain of alcohol counterfeiting and sales;
focuses on mid-to-high-end hotels and clubs where high-end alcohol consumption is high, and conducts industry inspections on the standardization of alcohol operation and the rationality of packaging materials disposal in a timely manner. Report irregularities within an appropriate scope, promptly notify the public security, market supervision and other departments of the suspected case of purchasing alcohol packaging materials and making counterfeit alcohol, improve the standardization and legality of operation, and increase the protection of intellectual property rights for alcohol enterprises Intensity.
In the next step, the procuratorial organs will combine with industry associations to implement rectification, give full play to the functions of punishing intellectual property infringement crimes, protecting food safety, and participating in social governance, and strengthen cooperation Regulatory departments and industry associations communicate and collaborate on a regular basis, jointly carry out legal education, case presentations, and jointly carry out special governance actions at appropriate times, increase the protection of alcohol intellectual property rights, improve the service level and quality of the catering industry, and strive to create a high-quality life. So as to satisfy the people’s yearning for a better life!