In recent years, in order to thoroughly implement the Beijing-Tianjin-Hebei coordinated development strategy, the market supervision departments of Beijing, Hebei Province and Tianjin have paid close attention to outstanding problems, responded to the concerns of the masses, continuously integrated law enforcement needs, innovated and upgraded coordination mechanisms, smoothed the channels for the transfer of clues, and cracked down on illegal acts such as food safety, quality and safety, unfair competition, trademark infringement, and registration of market entities, and investigated and handled a number of cases.
1. The Beijing Municipal Bureau of Market Supervision investigated and dealt with the case of a company's Xinhua East Street Branch operating food that did not meet the national food safety standards
On April 11, 2023, the Beijing Municipal Bureau of Market Supervision imposed an administrative penalty of confiscation of 1,140 yuan of illegal gains and a fine of 50,000 yuan on the illegal act of operating food that did not meet the national food safety standards of the Xinhua East Street Branch of a company in accordance with the law.
On February 15, 2023, the Beijing Municipal Market Supervision Bureau received the "Food Safety Supervision and Sampling Inspection Report" issued by the Beijing Food Inspection and Research Institute, and the inspection conclusion showed that the total number of colonies of the "chilled salmon belly" sold by the party did not meet the requirements of the GB10136-2015 "National Food Safety Standard Animal Aquatic Products", and the inspection conclusion was unqualified. After investigation, on January 13, 2023, the party purchased 12 boxes of 2023-01-13 batches of "chilled salmon belly" from a limited company in Tianjin, and then delivered them to the store's cold storage on the same day. In the process of outbound and distribution, the storage conditions of the above-mentioned products do not meet the requirements due to frequent opening and closing of the refrigerator door. The sales price of the products involved in the case is 95 yuan per box, and all of them have been sold, with a total sales amount of 1,140 yuan.
The behavior of the parties violated the provisions of Article 34, Paragraph 13 of the Food Safety Law of the People's Republic of China, and the Beijing Municipal Administration for Market Regulation imposed the above administrative penalties in accordance with the provisions of Article 124, Paragraph 2 of the Food Safety Law of the People's Republic of China.
Food safety is related to the health and life safety of the people. Due to the lax implementation of the management system, the storage conditions of chilled salmon belly did not meet the requirements, and the total number of colonies exceeded the standard. After receiving the clues, the Beijing Municipal Market Supervision Department promptly activated the Beijing-Tianjin-Hebei Law Enforcement Cooperation Mechanism, and with the cooperation of the Tianjin Municipal Market Supervision Department, quickly investigated the parties' illegal acts and imposed administrative penalties, and at the same time urged the parties to carry out strict self-examination and timely rectification of the problem to ensure that the problem was properly resolved.
2. The Beijing Municipal Bureau of Market Regulation investigated and dealt with the case of a company illegally adding substances that may endanger human health to the cosmetics Aiyin comfrey cream
On June 6, 2023, the Beijing Municipal Bureau of Market Supervision imposed an administrative penalty of confiscation of 4,658 bottles of cosmetics Aiyin comfrey cream, illegal gains of 36,600 yuan, and a fine of 466,000 yuan for a company's illegal act of illegally adding substances that may endanger human health to cosmetics Aiyin comfrey cream.
On October 14, 2021, the Beijing Municipal Bureau of Market Supervision received an inspection report issued by the Anhui Provincial Institute for Food and Drug Control, reflecting that the drug ingredient "Benvimod" was detected in the cosmetics Aiyin comfrey paste produced by a company in Anhui entrusted by the party. After investigation, the party was the filing person of the domestic ordinary cosmetics involved in the case, and established a cosmetics entrusted production relationship with a company in Anhui in February 2021, entrusting the production of 11,908 bottles of Aiyin comfrey cream, selling and giving away 7,490 bottles, with illegal gains of 36,600 yuan and a total value of 58,200 yuan. The drug ingredient "Benvitimod" was detected in the above-mentioned products, which is in line with the situation of "illegally adding substances that may be harmful to human health in cosmetics".
The conduct of the parties violated the provisions of Article 59, Paragraph 3 of the Regulations on the Supervision and Administration of Cosmetics, and the Beijing Municipal Administration for Market Regulation imposed the above-mentioned administrative penalty in accordance with the provisions of Article 59, Paragraph 3 of the Regulations on the Supervision and Administration of Cosmetics.
The reason for the illegal addition of cosmetics is directly due to the weak awareness of product safety responsibility of enterprises. Due to the low threshold of the cosmetics market, especially the cancellation of the registered capital restriction on company registration, the raw materials and equipment for cosmetics production are simple and easy to obtain, and the phenomenon of small and scattered has always existed. At the same time, in the process of handling the case, the law enforcement departments of Beijing and Hebei actively cooperated, responded collaboratively, and jointly enforced the law to ensure the smooth completion of the case, and the case also provided experience for the coordinated law enforcement in the field of "two products and one machine" between the two places.
3. The Beijing Municipal Bureau of Market Regulation investigated and dealt with the case of a company forging seals, altering legal documents and disrupting the order of the trademark agency market by other improper means
On March 20, 2023, the Beijing Municipal Administration for Market Regulation issued a warning and imposed an administrative penalty of a fine of 80,000 yuan on a company for forging seals, altering legal documents and disrupting the order of the trademark agency market by other improper means.
On October 8, 2022, the Beijing Municipal Bureau for Market Regulation received relevant clues from the Beijing Municipal Intellectual Property Office reflecting the suspected illegal acts of trademark agency. After investigation, in the process of acting as an agent for the application of three geographical indication certification trademarks, "Changli dry cucumber", "Qinglong cashmere goat" and "Qinglong cashmere", the party conspired with the applicant to tamper with the content of the relevant county records of Changli and Qinglong counties, and at the same time forged the official seal of a university library in Hebei Province and altered the registration certificate of the applicant's public institution, and submitted it to the State Intellectual Property Office as trademark application materials.
The conduct of the parties violated the provisions of Article 68, Paragraph 1 of the Trademark Law of the People's Republic of China, and the Beijing Municipal Administration for Market Regulation imposed the above-mentioned administrative penalty in accordance with the provisions of Article 68, Paragraph 1 of the Trademark Law of the People's Republic of China, and transferred the applicant's illegal clues to the local market supervision department for handling in accordance with the law.
In the course of the investigation of this case, the Beijing Municipal Department for Market Regulation gave full play to the role of the Beijing-Tianjin-Hebei Law Enforcement Coordination Mechanism, and set up a special case team to go to Baoding City, Hebei Province, Changli County, Qinhuangdao City, and Qinglong Manchu Autonomous County, to carry out joint law enforcement and case consultation with the local market supervision departments to ensure that the facts are clear, the evidence is sufficient, and the law is correctly applied, and finally impose administrative penalties on the parties in accordance with the law. This case is the first case of forgery of GI certification trademark application materials by a trademark agency investigated and dealt with in Beijing, and was rated as one of the top ten typical cases of intellectual property enforcement in Beijing market regulation in 2022-2023.
4. The Market Supervision Bureau of Shunyi District, Beijing Municipality investigated and dealt with the case of a company using a trademark identical to its registered trademark on the same kind of goods without the permission of the trademark registrant
On August 24, 2023, the Market Supervision Bureau of Shunyi District, Beijing imposed an administrative penalty of a fine of 870,000 yuan on a company for the illegal act of using a trademark identical to its registered trademark on the same goods without the permission of the trademark registrant.
On February 17, 2023, the Shunyi District Market Supervision Bureau received a procuratorial opinion from a people's procuratorate in Hebei Province, reflecting that the party concerned was suspected of trademark infringement. After investigation, the parties printed and cut the "Atlas Copco" trademark pattern intercepted on the Internet and pasted it on the purchased "Haywalk" brand hydraulic wrench and flange separator without the authorization of the trademark owner, and sold it to a limited company in Langfang. It constitutes an illegal act of using a trademark identical to its registered trademark on the same kind of goods without the permission of the trademark registrant, and the illegal business turnover is 1.74 million yuan.
The conduct of the parties violated the provisions of Article 57, Paragraph 1, Item 1 of the Trademark Law of the People's Republic of China, and the Shunyi District Market Supervision Bureau imposed the above-mentioned administrative penalty in accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China.
Cases of suspected crimes of intellectual property infringement are usually large in value, involve a large amount of property, and are difficult to investigate and collect evidence. In this case, the Beijing Municipal Market Supervision Department promptly activated the Beijing-Tianjin-Hebei Law Enforcement Coordination Mechanism in the field of intellectual property rights, and cooperated with the Hebei Provincial Market Supervision Department, the People's Court, the Public Security Department and other departments to coordinate law enforcement, promptly fixed and preserved evidence, effectively improved the efficiency of law enforcement, punished the illegal acts in accordance with the law, protected the legitimate rights and interests of trademark owners and consumers, and reflected the severe punishment attitude of the Beijing-Tianjin-Hebei market supervision department towards illegal acts of intellectual property infringement.
5. The Market Supervision Bureau of Changping District, Beijing Municipality investigated and dealt with the case of a company's business labels and instructions containing false content and failing to establish and comply with the purchase inspection record system in accordance with the regulations
On October 16, 2023, the Market Supervision Bureau of Changping District, Beijing issued a warning, confiscated 5,472 yuan of illegal income, and imposed an administrative penalty of a fine of 73,000 yuan on a company's business labels and instructions containing false content and failing to establish and comply with the purchase inspection record system in accordance with the regulations.
On July 5, 2023, the Changping District Market Supervision Bureau received clues about the source of the case, reflecting that the party concerned was suspected of operating the food "Nihewan Organic Barley Rice" with a false shelf life. After investigation, the shelf life (12 months) on the implementation standard of "Nihewan 400 grams of organic barley rice" sold by the party was inconsistent with the shelf life (18 months) marked on the food packaging, and the food procurement ledger was not recorded, which constituted an illegal act of containing false content in the business label and instruction manual and failing to establish and comply with the purchase inspection record system in accordance with the regulations. The value of the goods involved in the case was 73,000 yuan, and the illegal gains were 5,472 yuan.
The behavior of the parties violated the provisions of Article 71, Paragraph 1 of the Food Safety Law of the People's Republic of China, and the Changping District Market Supervision Bureau made the above administrative punishment in accordance with the provisions of Article 125, Paragraph 1, Item 2 of the Food Safety Law of the People's Republic of China.
This case is a typical case of severely cracking down on food safety violations and strictly implementing the "iron fist" action, and it is also a concrete manifestation of implementing the spirit of General Secretary Xi Jinping's important instructions on food safety and the "four strictest" requirements and adhering to the supremacy of the people. The investigation and handling of this case highlighted the importance of the Beijing-Tianjin-Hebei law enforcement cooperation mechanism, and through the cooperation and cooperation with the Market Supervision Bureau of Yangyuan County, Zhangjiakou City, Hebei Province, it played a decisive role in the characterization of the case and the determination of illegal facts, and effectively promoted the investigation and handling of the case.
6. The Market Supervision Bureau of Xindu District, Xingtai City, Hebei Province investigated and dealt with the case of infringement of the exclusive right to use the registered trademark "Wuliangye" by a trading company in Xingtai, Hebei Province
According to the clues of the case assigned by the superiors, the Market Supervision Bureau of Xindu District, Xingtai City, Hebei Province inspected a trading company in Xingtai. After investigation, the company used Jianzhuang, Wuliangol and other liquors to refill the empty bottles of 1618 Wuliangye tasting liquor that it recycled, and purchased counterfeit 1618 Wuliangye bottle caps and related supporting components from Tianjin through the online sales platform, and used the above counterfeit 1618 Wuliangye bottle caps and related supporting components to reseal them, and manufactured 369 bottles of counterfeit 1618 Wuliangye tasting liquor.
In accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China, the Xindu District Market Supervision Bureau confiscated the infringing 1618 Wuliangye tasting wine and empty bottles of the party in accordance with the law, and imposed a fine of 175,000 yuan. According to the clues provided by the Xindu District Market Supervision Bureau, the Tianjin Municipal Market Supervision Comprehensive Administrative Law Enforcement Corps investigated and dealt with a Tianjin enterprise that sold counterfeit 1618 Wuliangye bottle caps and related supporting components in accordance with the law.
This case was assigned by the State Administration for Market Regulation, with close cooperation between multiple departments of Hebei Province and Tianjin, linkage of provincial, municipal, and district market supervision departments, and cooperation of public security, market, postal and other departments to form a joint force to carry out a cross-regional full-chain crackdown on counterfeit brand liquor violations, effectively deterring cross-regional infringement and counterfeiting violations.
7. The Market Supervision Bureau of Lingshou County, Shijiazhuang City, Hebei Province investigated and dealt with the case of a food limited company in Shijiazhuang producing tribute vegetables (pickles) with food additives in excess of the limit
The Market Supervision Bureau of Lingshou County, Shijiazhuang City, Hebei Province received a sampling inspection report transferred from the Market Supervision Bureau of Changping District, Beijing, and the inspection report showed that the tribute vegetables (pickles) produced by a food Co., Ltd. in Shijiazhuang were sampled and tested by the Market Supervision Bureau of Changping District, Beijing, and the sodium benzoate and its sodium salt (based on benzoic acid) did not meet the requirements of GB 2760-2014 "National Food Safety Standard for the Use of Food Additives", and the inspection conclusion was unqualified. After the investigation of the Lingshou County Market Supervision Bureau, the company was suspected of producing tribute vegetables (pickles) with food additives in excess of the limit, which violated the provisions of Article 34 of the Food Safety Law of the People's Republic of China, and has constituted an illegal act of producing food additives with food additives in excess of the limit. In accordance with the provisions of Article 124, Paragraph 1 of the Food Safety Law of the People's Republic of China, the Lingshou County Market Supervision Bureau imposed an administrative penalty of 50,300 yuan on the parties.
In recent years, in order to extend the shelf life of food and improve the color and taste, some unscrupulous traders have taken risks in the food production process and used food additives beyond the limit and range, so that the food they produce is potentially harmful. The above illegal acts are highly concealed, and are not easy to be discovered and identified in daily supervision, which brings certain difficulties to the investigation and handling of cases. In this case, the market supervision departments of Hebei Province and Beijing Municipality worked closely together to identify and investigate the facts of their violations in accordance with the law, effectively safeguarding the legitimate rights and interests of consumers.
8. The Market Supervision Bureau of Xianghe County, Langfang City, Hebei Province investigated and dealt with the case of Liu engaging in food business activities without obtaining a food production license and producing food with false content on the label
The Market Supervision Bureau of Xianghe County, Langfang City, Hebei Province received a letter of transfer of case clues from the Market Supervision Bureau of Tianjin Economic and Technological Development Zone, and a food limited liability company in Xianghe produced seasonings beyond the scope of food production license. After investigation, the company's food production license has been cancelled, and it is no longer engaged in food production and business activities. Liu's behavior of engaging in food business activities without obtaining a food production license and producing food with false content on the label violated the provisions of Article 35, Paragraph 1 and Article 71, Paragraph 1 of the Food Safety Law of the People's Republic of China. In accordance with the provisions of Article 122, Paragraph 1 and Article 125, Paragraph 1, Paragraph 2 of the Food Safety Law of the People's Republic of China, the Xianghe County Market Supervision Bureau ordered the parties to correct the illegal acts and imposed a fine of 58,400 yuan.
In this case, the market supervision departments of Hebei Province and Tianjin Municipality worked closely together, extensively investigated and acted quickly, and controlled the illegal acts and problematic products in a timely manner, effectively avoiding the further expansion of their social harms, fully demonstrating the importance and necessity of the Beijing-Tianjin-Hebei law enforcement cooperation mechanism in the investigation and handling of cross-regional cases.
9. The Market Supervision Bureau of Yangyuan County, Zhangjiakou City, Hebei Province investigated and dealt with the case of a Hebei Agricultural Development Co., Ltd. producing and operating food with false shelf life
The Market Supervision Bureau of Zhangjiakou City, Hebei Province received clues from the Market Supervision Bureau of Tongzhou District, Beijing Municipality on the illegal clues of an agricultural development company in Hebei Province suspected of producing and operating food with false shelf life. According to the investigation by the Market Supervision Bureau of Yangyuan County, Zhangjiakou City, the company has violated the law of producing and operating food labeled with false shelf life, which violates the provisions of Article 34, Paragraph 1, Item 10 of the Food Safety Law of the People's Republic of China. The Yangyuan County Market Supervision Bureau imposed a penalty of ordering the parties to correct the illegal acts and confiscating 51,600 yuan in accordance with the law.
In recent years, Beijing, Tianjin and Hebei have actively carried out regional law enforcement cooperation to safeguard the legitimate rights and interests of citizens and the safety of life and property. In this case, the Market Supervision Bureau of Tongzhou District, Beijing Municipality found that the source of the case was transferred in a timely manner, and the Market Supervision Bureau of Yangyuan County, Zhangjiakou City, responded quickly, and it took only 15 working days to clarify the facts of the case, punish it in accordance with the law, and protect the lives and health of citizens in accordance with the law.
10. The Tianjin Binhai New Area Market Supervision Bureau investigated and dealt with the case of Yang fraudulently using the name and address of others and engaging in business activities without registration
On July 31, 2023, the Market Supervision Bureau of Tianjin Binhai New Area imposed an administrative penalty of a fine of 750,000 yuan and confiscated 287 zinc-aluminum-magnesium coated plates involved in the case in accordance with the law.
On May 29, 2023, the Binhai New Area Market Supervision Bureau received a report from a company in Hebei Province, reflecting that there were a large number of counterfeit products in a yard in Binhai New Area. After investigation, the party Yang did not register as a market entity, and purchased 287 pieces of zinc-aluminum-magnesium coated plates from a metal products sales company in Hebei Province, weighing 3,215.064 tons and worth 14,746,100 yuan. The behavior of the parties violated the provisions of Article 5 of the Product Quality Law of the People's Republic of China and Article 3, Paragraph 1 of the Regulations of the People's Republic of China on the Registration and Administration of Market Entities, and the Binhai New Area Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
This case is a typical case of law enforcement cooperation in Beijing, Tianjin City, the market supervision department took the initiative to take the initiative, strengthened the inter-provincial law enforcement information exchange and sharing, protected the enterprises in Beijing, Tianjin and Hebei without discrimination, so that cross-provincial violations and crimes had nothing to hide, effectively deterred the criminals who committed crimes, safeguarded the legitimate rights and interests of enterprises in Hebei Province, and put an end to the possibility of the products involved in the case flowing to overseas markets.
11. Tianjin Binhai New Area Market Supervision Bureau investigated and dealt with the case of infringement of the exclusive right to use a registered trademark by a company
On September 26, 2023, the Market Supervision Bureau of Tianjin Binhai New Area investigated and punished a company's illegal act of infringing the exclusive right to use a registered trademark, and imposed an administrative penalty of confiscation of 497 infringing steel pipes and a fine of 331,600 yuan.
On June 21, 2023, the Binhai New Area Market Supervision Bureau received a notice from the public security organ to conduct an on-site inspection of the cargo yard of a terminal in Tianjin Port. After investigation, after the party purchased steel pipes from an authorized dealer of Tianjin Group Co., Ltd., some of the steel pipes were transported to a pipe processing plant in Cangxian County for processing, and each steel pipe with a length of 12 meters was cut into 6 meters, and the outer layer of the steel pipe was coated with black anti-rust paint, and the "TPCO" logo and product information were sprayed, with a total of 497 steel pipes. The behavior of the parties violated the provisions of Article 57, Paragraph 7 of the Trademark Law of the People's Republic of China, and the Binhai New Area Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, and at the same time transferred the clues of the suspected illegal case of a pipe processing factory in Cangxian County to the Cangxian Market Supervision Department for processing.
The above-mentioned cases involve export trade, and the units and personnel involved in the cases are widely distributed geographically, and the chain of evidence is complex, making it difficult to collect and consolidate evidence. During the investigation and handling of the case, law enforcement officers traveled back and forth to Beijing Municipality, Cangzhou City, Hebei Province, Cangxian County and other places to investigate and collect evidence, and built a complete evidence chain with high standards, and the case was successfully completed within 3 months. The investigation and handling of this case gave full play to the advantages of the Beijing-Tianjin-Hebei market supervision and law enforcement coordination mechanism, effectively cracked down on illegal acts in the field of market economy, and effectively reflected the responsibility of the market supervision department to perform its duties in accordance with the law and respond to social concerns in a timely manner.
12. Tianjin Jinghai District Market Supervision Bureau investigated and dealt with the case of a company making and processing color-coated steel coils that infringed the exclusive right to use a registered trademark
On October 18, 2023, the Market Supervision Bureau of Jinghai District, Tianjin Municipality imposed an administrative penalty of confiscation of 8 infringing color-coated steel coils and 2 outer packaging steel sheets, and a fine of 236,000 yuan for a company's illegal act of producing and processing color-coated steel coils that infringed the exclusive right to use a registered trademark.
On June 26, 2023, the Jinghai District Market Supervision Bureau conducted an investigation on the parties based on the clues transferred by the Second Branch of the Tianjin Municipal People's Procuratorate. Without the permission or authorization of the trademark owner, the parties purchased counterfeit "Jinghua" and the registered trademark color-coated steel coil labels, and replaced the color-coated steel coil labels of other brands in order to pass off the color-coated steel coil products of the "Jinghua brand". The parties produced 8 color-coated steel coils and 2 outer packaging steel sheets, which were identified by the relevant trademark owners as goods infringing the exclusive right to use registered trademarks, with an illegal business turnover of 236,000 yuan. The behavior of the parties violated the provisions of Article 57, Paragraph 1 of the Trademark Law of the People's Republic of China, and the Jinghai District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
In this case, the Tianjin Municipal Market Supervision Department relied on the Beijing-Tianjin-Hebei Market Supervision and Law Enforcement Coordination Mechanism to efficiently carry out the 2023 "Anti-counterfeiting and Protecting Famous and Excellent" activities and the "Bright Sword" action of intellectual property law enforcement, realizing the off-site protection of registered trademarks in Hebei Province. The market supervision authorities of the three places continue to enhance the protection of intellectual property rights in the Beijing-Tianjin-Hebei region, and crack down on all kinds of illegal acts in the field of market supervision with precision, source and chain.
13. The Market Supervision Bureau of Wuqing District, Tianjin Municipality investigated and dealt with the case of a food limited company producing food additives that used food additives in excess of the limit
On June 20, 2023, the Market Supervision Bureau of Wuqing District, Tianjin Municipality imposed an administrative penalty of 50,820 yuan on a food limited company for the illegal act of producing food with food additives in excess of the limit.
On April 14, 2023, the Wuqing District Market Supervision Bureau inspected a food limited company according to the "Case Transfer Letter" issued by the Langfang Market Supervision Bureau of Hebei Province, and found that the party was suspected of producing food with food additives in excess of the limit. After investigation, the party produced 26 barrels of condiment sauce (production date March 18, 2023, specification 9.55kg/barrel, trademark strong flavor source + graphics) on March 18, 2023, and all of them had been sold as of the time of the case, with a sales unit price of 130 yuan/barrel. After investigation, due to the improper operation of the company's staff, the food additives used in the production of sauce were added excessively. The behavior of the parties violated the provisions of Article 34, Item 4 of the Food Safety Law of the People's Republic of China, and the Wuqing District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
The field of food safety is the key area of Beijing-Tianjin-Hebei market supervision and law enforcement cooperation. In this case, the market supervision departments of Wuqing District of Tianjin Municipality and Langfang City of Hebei Province strengthened horizontal coordination and carried out joint inspections of the production enterprises involved in the case, so as to jointly protect the "safety on the tip of the tongue" of the people in Beijing, Tianjin and Hebei.