On May 7, the Shanghai Municipal Administration for Market Regulation announced the second batch of typical cases of the "Iron Fist" operation in the field of people's livelihood in 2024.
Since the beginning of this year, the Municipal Market Supervision Bureau has investigated and dealt with a total of 2,118 illegal cases related to people's livelihood, and 40 suspected criminal cases have been transferred to the judicial authorities for handling in accordance with the law.
1. A series of cases of infringement of the exclusive right to use registered trademarks by five business entities including Shanghai Jixu Food Co., Ltd
In the early stage, according to the clues provided by the owner of the registered trademark "Liuhe", the Municipal Market Supervision Bureau and the Suzhou market supervision department jointly carried out joint law enforcement actions against a number of enterprises in Shanghai and Suzhou suspected of infringing the exclusive right to use the "Liuhe" registered trademark.
All photos in this article are provided by Shanghai Municipal Administration for Market Regulation
After investigation, from November 2023 to March 2024, Shanghai Jixu Food Co., Ltd. (hereinafter referred to as Jixu Company) conspired with Yu Moumou to entrust relevant enterprises in Changzhou (handled in a separate case) by Jixu Company to forge and print packaging boxes containing the trademark "Liuhe", send them to the cold chain warehouse of Moumou, and purchase frozen chicken breasts and other goods purchased by Yu Moumou and put them into the above-mentioned counterfeit packaging boxes before selling them to Jixu Company. As of the time of the case, Jixu Company had purchased more than 100,000 boxes of the above-mentioned counterfeit "Liuhe" products from a certain place and sold them to downstream distributors such as Tang. Tang and other distributors then sell to relevant catering enterprises through online platforms and other channels.
It was also ascertained that from May 2023 to March 2024, Shanghai Nuoping Industrial Co., Ltd. (hereinafter referred to as Nuoping Company) purchased more than 20,000 counterfeit "Liuhe" packaging boxes from a packaging company in Suzhou (investigated and dealt with in a separate case) and Shanghai Gujun Packaging Materials Co., Ltd. (hereinafter referred to as Gujun Company), dismantled and packaged other brands of single-frozen chicken breasts and other goods into the above-mentioned counterfeit outer packaging boxes, and then sold them through online platforms.
During the operation, the Municipal Market Supervision Bureau seized more than 1,800 boxes of infringing frozen chicken products and more than 1,500 infringing packaging boxes seized at the scene. It is now ascertained that from November 2022 to the occurrence of the case, Gujun Company made and sold more than 230,000 outer packaging boxes printed with the trademark "Liuhe" without authorization. After accounting, the total amount involved in this series of cases is more than 520 yuan.
The acts of the above-mentioned parties violated the provisions of Paragraphs 1, 3 and 4 of Article 57 of the Trademark Law of the People's Republic of China, and because the amount involved in the case was relatively large, it was suspected of constituting a crime, and the Municipal Market Supervision Bureau transferred the relevant case to the public security organ for handling in accordance with the law.
The investigation and handling of this series of cases is another successful practice of the Shanghai Municipal Administration for Market Regulation in deepening the joint law enforcement in the Yangtze River Delta region, strengthening the linkage between the two levels in the urban area, and strengthening the connection between executions. The Shanghai Municipal Administration for Market Regulation will continue to give full play to its comprehensive law enforcement advantages, further strengthen the protection and enforcement of intellectual property rights, "hang the sword high" against illegal enterprises and "protect law-abiding enterprises", continue to optimize the business environment, promote high-quality economic development, effectively protect the consumption safety of the people, and maintain the order of fair competition in the market.
2. Case of selling electric bicycles that do not meet the national standards for protecting human health and personal and property safety by the Abing Electric Bicycle Business Department in Putuo District, Shanghai
In the early stage, the law enforcement officers of the Putuo District Market Supervision Bureau conducted random inspections on the electric bicycles sold by the party in Shanghai Putuo District A Bing Electric Bicycle Business Department. According to the inspection report issued by the inspection and testing agency, it shows that the "pigeon brand" electric bicycle (model: TDT955Z, manufacturing year: June 2023) sold by the Abing Electric Bicycle Business Department of Putuo District, Shanghai, the brightness value of the rear lamp does not meet the provisions of GB/T 31887.1-2019, and the wire wiring installation and short-circuit protection in the electrical installation do not meet the provisions of GB 17761-2018 "Safety Technical Specifications for Electric Bicycles", and the inspection is unqualified.
After investigation, the party purchased a total of 6 unqualified batches of electric bicycles at a unit price of 1004 yuan/unit, sold 5 at a price of 1399/unit, and prepared 1 sample in stock. The value of the unqualified batches of electric bicycles sold by the parties was RMB 8,394, and the illegal gains were RMB 1,905.74. After the incident, the parties recalled the products involved in the case that had been sold, and the manufacturer replaced the tail lights, wire clips and charging line protection devices.
The above-mentioned behavior of the parties violated the provisions of Article 13, Paragraph 2 of the Product Quality Law of the People's Republic of China, and the Putuo District Market Supervision Bureau ordered the parties to stop selling the batch of products involved in the case in accordance with the law, and imposed an administrative penalty of confiscation of 1 unqualified electric bicycle, a fine of RMB 8,394, and confiscation of illegal gains of RMB 1,905.74.
As a commonly used means of transportation for citizens, the quality and safety performance of electric bicycles are directly related to the personal and property safety of consumers. There are major safety hazards in the production and sale of substandard electric bicycles, and the Putuo District Market Supervision Bureau insists on grasping with both hands, on the one hand, it severely cracks down on the illegal acts of selling substandard electric bicycles, and on the other hand, it guides operators to quickly recall the unqualified products that have been sold, so as to eliminate potential safety hazards in a timely manner and protect the personal and property safety of citizens.
3. Shanghai Qiaoshen Gas Technology Co., Ltd. sold products that did not meet the national standards for protecting human health and personal and property safety
In the early stage, the Chongming District Market Supervision Bureau filed a case for investigation on the suspected sale of substandard products according to the clues found in the quality supervision and random inspection. The inspection and testing report shows that the industrial and commercial point combustible gas detector (specification GTYQ-QD6390) sold by the party was judged to be unqualified because the basic performance items did not meet the relevant provisions of GB15322.1-2019.
After investigation, on May 24, 2023, the party purchased 12 industrial and commercial point combustible gas detectors with a model specification of GTYQ-QD6390 from an electronic detection technology Co., Ltd. in Henan at a price of 670 yuan per unit. From May 28, 2023 to June 5, 2023, the parties sold 6 of the above products at a price of 1,021 yuan per unit. The value of the products involved in the case was 12,252 yuan, and the illegal gains were 2,106 yuan. After the incident, the parties promptly recalled the products involved in the case that had been sold. After the relevant products are returned to the supplier, the rectification has been completed and the review is qualified.
The above-mentioned acts of the parties violated the provisions of Article 13, Paragraph 2 of the Product Quality Law of the People's Republic of China, and the Chongming District Market Supervision Bureau ordered the parties to stop selling the products involved in the case in accordance with the law, and imposed an administrative penalty of confiscation of 3 point-type combustible gas detectors for industrial and commercial use, confiscation of illegal gains of RMB 2,106, and a fine of RMB 15,000.
The sale of unqualified combustible gas detectors by gas alarm operators has caused great risks and hidden dangers to the lives and health of the people and the safety of property. The Shanghai market supervision department regards the quality of gas appliances as the focus of governance, continuously strengthens product supervision and inspection, strictly controls the bottom line of product quality and safety, and provides a strong guarantee for the general public to live and work in peace and contentment.
4. Case of Shanghai Anju Property Co., Ltd. using special equipment that has not been regularly inspected
In the early stage, when the law enforcement officers of the Pudong New Area Market Supervision Bureau carried out a special equipment inspection of a community, they found that the elevator installed in Building 36 of the community with the equipment code of 31103101152023010593 was in use, but the user unit could not provide an effective regular inspection report of the elevator. After investigation, the party is the property operator of the community and the user of the elevator in the community, and is responsible for the daily management of the elevator equipment in the community. For the elevator with the equipment code of 31103101152023010593 used by the party, the equipment use sign indicates that the next inspection will be in January 2024. The most recent periodic inspection of the elevator involved in the case occurred on January 11, 2023, and as of February 27, 2024, the parties have not reported for inspection of the aforementioned elevator equipment, and the elevator has been in use without obtaining a qualified periodic inspection report. The law enforcement officers of the Pudong New Area Market Supervision Bureau issued a "Supervision Instruction" to the party on the spot, and the party immediately stopped using the aforementioned elevator equipment and promised not to use the elevator again before obtaining a qualified periodic inspection report. On February 29, 2024, the parties completed the inspection of the aforementioned elevator.
The above-mentioned behavior of the parties violated the provisions of Article 40, Paragraph 3 of the Special Equipment Safety Law of the People's Republic of China, and the Pudong New Area Market Supervision Bureau imposed an administrative penalty of a fine of RMB 30,000 on the parties in accordance with the law.
The elevator is the first step in the daily travel of the general public, and it is also the last journey home. In this case, the use of special equipment that has not been regularly inspected by the parties has brought great safety hazards to the residents of the community. The market supervision department promptly discovered and ordered the parties to stop using the uninspected elevator equipment, preventing the expansion of safety risks. The Shanghai market supervision department will continue to strengthen the safety supervision and inspection of special equipment to escort the safety of citizens.
5. Huayi Certification Center Co., Ltd. reduces or omits the procedures stipulated in the basic specifications and certification rules of certification
In the early stage, the Qingpu District Market Supervision Bureau found that the office address on the "Intellectual Property Management System Certification" (registration number: 41923IP00261-06R0S) obtained by Shanghai Lizhu Information Technology Co., Ltd. (hereinafter referred to as Lizhu Company) was inconsistent with the actual business address of the enterprise.
After investigation, the party provided certification services for Lizhu Company, and the party's certifier Yang did not mention the inspection of the auditee's payment of social security in the "Review Process Overview", nor did he record the lease certification materials of the auditee's business address. During the on-site audit, the auditors failed to fulfill their review obligations when the audit materials provided by the applicant organization were obviously suspected of being forged, and failed to terminate the audit or make a decision not to grant certification in accordance with the rules. After the incident, the parties suspended the processing of the above-mentioned certificates, and on November 17, 2023, the above-mentioned certificates were revoked. As of the time of the case, the parties' illegal gains totaled 3,107.55 yuan.
The behavior of the parties violated the provisions of the first paragraph of Article 21 of the Regulations of the People's Republic of China on Certification and Accreditation, and the Qingpu District Market Supervision Bureau ordered the parties to immediately stop the above illegal acts in accordance with the law, and imposed an administrative penalty of a fine of RMB 50,000 and confiscation of illegal gains of RMB 3,107.55.
The certification body shall carry out certification activities in accordance with laws and regulations, and carry out certification application review, audit plan planning, on-site audit, certificate management, supervision and audit and other businesses in strict accordance with the requirements of standards and rules to ensure that the certification process is compliant and the results are effective. Real and effective certification behavior can standardize the production and sales behavior of enterprises and create a fair and competitive market environment. The investigation and handling of this case plays a warning role in standardizing the operation of the certification industry, strengthening the sense of responsibility and self-discipline mechanism of the certification body, and prompting all kinds of business entities of certification services to strictly implement the relevant certification standards and procedures to carry out certification services in accordance with the law, so as to enhance the credibility and authority of the entire certification industry.
6. Shanghai Qiding Advertising Planning Co., Ltd. assists other operators in making misleading commercial promotions about user evaluations
In the early stage, the Jing'an District Market Supervision Bureau filed a case for investigation on the suspected behavior of the parties involved in swiping orders and speculating on credit. After investigation, in February 2023, the party signed an agency operation service agreement with Company A (handled in a separate case). According to the agreement, from February 25, 2023 to May 24, 2023, the parties will arrange for "Dianping members with a level of lv3-lv8" to upload store visit notes for Company A every month to help it operate an online store and increase exposure and online traffic. The parties have clear requirements on the amount of consumption to be visited, the way in which notes are written, the environmental photos taken and the food photos taken. After the store visit notes are released, the parties will review the content of the notes, and if they meet the requirements, the amount of their store visit consumption will be returned by Company A.
After verification, the parties organized a total of 29 people to upload 29 store visit notes for Company A in accordance with the requirements specified by them. There is obvious bias in the store visit notes published by the store visit experts organized by the parties, which are not their real consumption experience, which will affect the consumption choices of other consumers. Among them, some notes claim to use fruit charcoal for grilling, but in fact, Company A provides chrysanthemum charcoal. In the process of reviewing the above-mentioned notes, the parties did not ask the store explorer to modify the content that was inconsistent with the real situation.
The above-mentioned acts of the parties violated the provisions of Article 8, Paragraph 2 of the Anti-Unfair Competition Law of the People's Republic of China and Article 11, Paragraph 1 (1) of the Shanghai Municipal Anti-Unfair Competition Regulations. The Jing'an District Market Supervision Bureau ordered the parties to stop the illegal acts in accordance with the law and imposed an administrative penalty of a fine of RMB 200,000.
With the development of the Internet economy, consumer reviews and recommendations of "Internet celebrities" play an increasingly obvious role in consumer drainage, and more and more businesses (especially operators in the catering and other service industries) hope to increase sales and popularity by creating "Internet celebrities" or cooperating with "Internet celebrities", which has also derived gray industries such as "swiping orders and speculating on credit". In this case, there is an obvious bias in the store visit notes written and uploaded by the parties through the organization of specific personnel, which will interfere with and affect the consumption choices of other consumers. The investigation and handling of this case has promptly corrected the behavior of "swiping orders and speculating on credit", maintained the order of market competition, protected consumers' right to know, and prevented consumers from falling into the "weeding trap"; At the same time, through education and criticism, the awareness of the business entity to consciously abide by the law has been enhanced, and it has been guided to enhance its market competitiveness by improving the quality of goods and services.
7. The elevator engineering company of Shanghai Zhongxun Industrial Corporation did not carry out elevator maintenance in accordance with the requirements of safety technical specifications
In the early stage, when the law enforcement officers of the Xuhui District Market Supervision Bureau inspected an office building, they found that an elevator maintained by the party had problems such as unwired brake micro switch, oil pollution of brake shoes, and failure of emergency alarm device in the car. After investigation, the party concerned did not maintain the above-mentioned elevator in accordance with the requirements of the "Elevator Maintenance Rules" (TSG T5002-2017) on November 6, 2023.
The above-mentioned behavior of the parties violated the provisions of Article 45, Paragraph 2 of the Special Equipment Safety Law of the People's Republic of China, and the Xuhui District Market Supervision Bureau ordered the parties to stop the illegal acts in accordance with the law, and imposed an administrative penalty of a fine of RMB 50,000 and confiscation of illegal gains of RMB 250.
The elevator is a mechanical and electrical integrated equipment, which needs to be maintained regularly to eliminate equipment failures, improve the riding experience, and prolong the service life. The elevator maintenance unit shall formulate a scientific and reasonable maintenance plan in strict accordance with the requirements of the safety technical specifications and the elevator product manual to ensure the safe operation of the elevator. The general public can scan the Shanghai smart elevator code to check the elevator maintenance records and actively participate in the public supervision of elevator safety.
Source: The Paper