On September 24, the Bazhong Municipal Market Supervision Bureau announced the second batch of 2021 cases in the field of people's livelihood to investigate and handle typical cases of the "Iron Fist" action, involving 10 cases in the field of people's livelihood such as health centers not implementing government pricing, operating infringement of the exclusive right to use registered trademarks, and arbitrary collection of fees by schools, the specific cases are as follows:
Case 1: A health center in Enyang District, Bazhong City, did not implement a government pricing case
Case Introduction: On January 13, 2021, the law enforcement personnel of the Enyang District Market Supervision Bureau carried out supervision and inspection of a health center in Enyang District, and the "List of Patient Hospitalization Expenses" of 7 patients, including hospital number 20190214004, was extracted on the spot, and the list showed that the parties charged a bed fee of 8.5 yuan on the day of the patient's discharge. After investigation, from January 13, 2019 to January 13, 2021, the parties charged a bed fee of 8.5 yuan on the day of discharge for all inpatients, 5346 more inpatients, and a total of 45441 yuan more than inpatient beds.
Result of treatment: The party's overcharging of the patient's hospitalization fee on the day of discharge violates the provisions of Article 12 of the Price Law of the People's Republic of China. In accordance with the provisions of Article 39 of the Price Law of the People's Republic of China, the Market Supervision and Administration Bureau of Enyang District of Bazhong City imposed the following administrative penalties on the parties: 1. Confiscation of illegal gains of 45,441 yuan; 2. Penalty of 1.1 times the illegal gains of 49,985.1 yuan. The total amount of the penalty is RMB95,426.1.
Case 2: A commercial limited liability company in Pyeongchang County operated a food case that used food additives beyond the scope
Case Introduction: On April 27, 2021, the law enforcement personnel of the Pyeongchang County Market Supervision Bureau conducted supervision and inspection of a commercial and trading limited liability company in Pyeongchang County, and found 8 bags of "Yemi Bear" brand oat sachima (brown sugar flavor) on the company's supermarket containers, product category: cold processed pastry; product standard number: GB/T22475; ingredients: wheat flour, maltose syrup, caramel color... The ingredients of this product are marked with additive caramel color, which belongs to the food that uses food additives beyond the scope.
After investigation, the food additive "caramel color" marked in the ingredient list of the outer packaging label of the product is not within the scope of the allowable varieties and uses of pastries according to the "National Standard for Food Safety (Standard for the Use of Food Additives)" (GB2760-2014). The above-mentioned "Yemi Bear" brand oats Shaqima (brown sugar flavor) was purchased by the company from a trading company in Chengdu, purchased a quantity of 12 bags, and had sold 4 bags as of the time of inspection, with illegal income of 39.2 yuan.
Result of treatment: The parties' behavior of "Yemi Xiong" brand oats sachima (brown sugar flavor) that exceeded the scope of additives violated the provisions of Article 34 of the Food Safety Law of the People's Republic of China. In accordance with the provisions of Article 124 of the Food Safety Law of the People's Republic of China, the Pyeongchang County Market Supervision and Administration Bureau imposed the following administrative penalties on the parties: 1. Confiscation of illegal gains of 39.2 yuan; 2. Confiscation of 8 bags of "Yemi Bear" brand oats sachima (brown sugar flavor); 3. Fines of 50,000.00 yuan.
Case 3: A case of a dry and miscellaneous store in Bazhou District selling products that infringe the exclusive right to use the "Lotus" registered trademark
Case Introduction: On May 15, 2021, the law enforcement officers of the Bazhou District Market Supervision Bureau received a complaint that a batch of counterfeit and infringing "Lotus" products were found and sold in the Chengxi Market in Bazhou District. Law enforcement officers immediately joined hands with the staff of Lotus Health Industry Group Co., Ltd. to conduct an on-site inspection of a store in Xicheng Market, Bazhou District, in accordance with the law, and seized Lotus MSG (specification: 2 kg/bag*10 bags/piece) with a production date of 20210203 in the store, totaling 20 pieces of zero 8 bags. After investigation, the parties purchased 21 pieces of Lotus MSG from a middle-aged man (name, address, identity unknown) who went to sell Lotus MSG, with a unit price of 212.00 yuan / piece, and then sold 2 bags (net content of 2 kg / bag) at a unit price of 23.00 yuan / bag, with illegal gains of 3.60 yuan, and the remaining products were all seized during inspection, with a total value of 4452.00 yuan. At the same time, it was found that the parties had not established a purchase and sale account, and had not obtained information from the supplier such as the purchase receipt, the supplier's business entity qualification and quality inspection report, so it could not verify the source of its purchase. The above-mentioned Lotus MSG was identified by Lotus Health Industry Group Co., Ltd. as a product that infringed the exclusive right to use the registered trademark of "Lotus".
Result of the treatment: The party's sale of goods infringing the exclusive right to use the "Lotus" registered trademark violated the provisions of Article 57 of the Trademark Law of the People's Republic of China, and the Bazhou District Market Supervision and Administration Bureau imposed the following administrative penalties on the parties: 1. Confiscate the 20 pieces of Lotus MSG sold by the parties that infringe the exclusive right to use the "Lotus" registered trademark; 2. Impose a fine of 20,000.00 yuan.
Case 4: Yuan Mou's liquor case of operating without a license infringing the exclusive right to use the registered trademarks of "Guojiao" 1573 and "Jian Nanchun"
Case Introduction: On April 8, 2021, after the law enforcement personnel of the Nanjiang County Market Supervision Bureau received the tip-off, Geng immediately carried out an inspection of Yuan's location in a certain store in Chunchangba, Nanjiang County, in accordance with the law, and found that the parties did not apply for any license to engage in business activities, and were suspected of operating 5 pieces (6 bottles/pieces) of "Jian Nanchun ®" liquor and 4 pieces (6 bottles/pieces) of "Guojiao ®" 1573 liquor that infringed the exclusive right to use the registered trademark. Sichuan Mianzhu Jian Nanchun Distillery Co., Ltd. and Luzhou Laoyao Co., Ltd. identified the above-mentioned "Jian Nanchun ®" and "Guojiao ®" 1573 liquor operated by the parties as counterfeit registered trademark products.
Result of the treatment: The parties engaged in the business process without a license and a license to sell "Jian Nanchun ®" liquor and "Guojiao ®" 1573 liquor that infringed the exclusive right to use the registered trademark, which violated the provisions of Article 57 of the Trademark Law of the People's Republic of China and Article 2 of the Measures for the Investigation and Punishment of Unlicensed Business. The Nanjiang County Market Supervision Bureau transferred the case to the public security organ in accordance with Article 22 of the Administrative Punishment Law of the People's Republic of China and Article 3 of the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, which is under further investigation.
Case 5: A petroleum liquefied gas company in Tongjiang County used a liquefied petroleum gas cylinder that had not been regularly inspected
Case Introduction: On January 15, 2021, the law enforcement personnel of the Tongjiang County Market Supervision Bureau conducted supervision and inspection of a liquefied petroleum gas co., LTD. in Tongjiang County in accordance with the law and found that the next inspection time marked at the Shaxi distribution center of a liquefied petroleum gas co., LTD. in Tongjiang County was found to be four months, April 2019, June 2019, December 2019, and February 2020, and the cylinders were filled with liquefied petroleum gas. The next inspection time marked at the valves of three petroleum liquefied gas cylinders found in Wensheng Distribution Center was: October 2017, October 2019 and July 2020, and the cylinders were filled with liquefied petroleum gas. At the same time, it was found that on December 23, 2020, the Hongkou Station of the party's branch company filled Wensheng Distribution Center with 203 bottles of liquefied gas. On January 12, 2021, Hongkou Station filled the Shaxi Distribution Center with 83 bottles of liquefied gas. When hongkou station filled the above-mentioned liquefied gas, none of the cylinders used were inspected, and the cylinders that exceeded the inspection period were filled with liquefied petroleum gas.
Handling result: The above-mentioned acts of the parties violated the provisions of the second paragraph of Article 49 of the Special Equipment Safety Law of the People's Republic of China, and according to the provisions of the first paragraph of Article 85 of the Special Equipment Safety Law of the People's Republic of China, the Tongjiang County Market Supervision Bureau ordered the parties to immediately stop using the liquefied gas cylinders that had not been inspected for a long time and imposed an administrative penalty of a fine of RMB 130,000.
Case 6: A water supply company in Pyeongchang County is suspected of charging a meter exchange fee for a self-supporting charging project and charging standard
Case Introduction: On June 3, 2021, a villager in Tuqiao Village, Tongzhou Subdistrict Office, Pyeongchang County, reported to the Pyeongchang County Market Supervision Bureau that "a water supply company in Pyeongchang County required all villagers in the village to replace the ordinary meter with an IC card water meter, and required the user to pay a replacement fee of 300 yuan, and said that if the water meter was not replaced, they could not enjoy the preferential pricing of the ladder." According to the requirements of national policy, the replacement of water meters should not be paid by users, but should be provided by water companies. Complaints are now lodged against the unreasonable charges charged by the water utility and it is hoped that the company will refund the cost of replacing its water meter". After receiving this report, law enforcement officers investigated a user in a community of the Tongzhou Subdistrict Office in Pyeongchang County and a user in a certain village of the Fotou Mountain Cultural Industrial Park Management Committee in Pyeongchang County, and found that when the parties replaced the smart IC card water meter for the user, they charged the meter replacement fee at the standard of 300 yuan / household and 500 yuan / household, which was consistent with the complainant's response.
Treatment results: Due to the inaccurate measurement of the original mechanical water meter and the continuous loss of some users not paying the water bill on time, the parties upgraded the pipe network of a community in the Tongzhou Subdistrict Office of Pyeongchang County and a village of the Management Committee of Fotou Mountain Cultural Industrial Park in Pyeongchang County, and replaced the water meter of some users, and charged a meter replacement fee according to the standard of 300 yuan / yuan in a certain community and 500 yuan / household in a certain village. By the time of the law enforcement personnel's inspection, the parties had replaced the water meters in total, and the meter replacement fee of 35500.00 yuan should be charged, of which 33950.00 yuan was actually collected, and 1550.00 yuan was not collected. At present, the case is under further investigation.
Case 7: A wholesale department in Enyang District, Bazhong City, was suspected of operating goods that infringed the exclusive right to use a registered trademark
Case Introduction: On September 10, 2021, after receiving the complaint from Angel Yeast Co., Ltd., the law enforcement personnel of the Enyang District Market Supervision Bureau and the company's employees carried out on-site inspections of a wholesale department, and law enforcement officers found 4 pieces of 228 bags of "Angel ® Highly Active Dry Yeast" at the business premises of the parties. At the same time, law enforcement officers found 35 pieces of the same batch of products in the warehouse of the parties, with a value of more than 10,000 yuan. According to the appraisal of the staff of Angel Yeast Co., Ltd., the above products infringe the exclusive right to use the registered trademark of Angel Yeast Co., Ltd.
Result of the treatment: The parties concerned were suspected of violating article 57 of the Trademark Law of the People's Republic of China by selling goods that infringed on Angel's ® exclusive right to use the trademark, and the Enyang District Market Supervision Bureau filed a case for investigation. At present, the case is under further investigation.
Case 8: A school in Bazhong set up a charging project without approval, charged students tuition and miscellaneous fees at a price higher than the government's fixed price, and collected students' commercial insurance premiums on behalf of students
Case Introduction: On March 17, 2021, the Bazhou District Market Supervision Bureau conducted an on-site inspection of a school in Bazhong, and the school provided a total of 4 periods of charging standards for primary, junior high and high school students from 2019 (autumn) to 2021 (spring), which listed the accommodation fees, escrow fees, meal fees, insurance fees, collection fees, school uniform fees and other related expenses, the above fees were collected by the school itself, but the school could not provide fee approval documents, and no public information on the price charges was found inside and outside the school.
After investigation, the school's (fall 2020, spring 2021) student fee standards in line with the document issued by the Bazhou District Development and Reform Bureau of Bazhong City (Bazhong District Development and Reform Price (2020) No. 17) approved the school's primary school student tuition fee: not more than 8,000 yuan per student per semester per semester, but the school's 9,000.00 yuan per student per semester for 53 transfer students (new students) enrolled in the primary school in the spring of 2021 exceeded the approved standard of 1,000/student/semester in the document. Total: 53000.00 RMB.
At the same time, it was found that when the school collected student tuition fees for four semesters from September 2019 to the present, the school finance unified the two commercial insurance costs of "Student Child Safety Insurance" and "Student Child Accident Injury Comprehensive Insurance" in total: 199773.20 yuan.
Result of handling: The party's act of setting up a charging item without approval, setting a price higher than the government's pricing to collect students' tuition and miscellaneous fees violates the provisions of Article 12 of the Price Law of the People's Republic of China, and the party's act of collecting students' commercial insurance premiums on behalf of the parties is not implemented in accordance with the "all types of schools at all levels shall not collect commercial insurance on behalf of" in the announcement of school fees in bazhong City in the autumn, autumn of 2020 and spring semesters of 2021, which is a compulsory or disguised compulsory service and charging, which violates the " Article 14 of the Price Law of the People's Republic of China. In accordance with the relevant provisions of Article 39 of the Price Law of the People's Republic of China and Article 9 of the Provisions on Administrative Penalties for Price Violations, the Bazhou District Market Supervision Bureau imposed the following administrative penalties on the parties: 1. The act of setting a charging item without approval and arbitrarily, which is higher than the government's pricing and setting price to collect students' tuition and miscellaneous fees, imposed a fine of 53,000.00 yuan; 2. The penalty for collecting commercial insurance on behalf of the party: 50,000.00 yuan; A total fine of 103,000.00 yuan was imposed.
Case 9: Mr. Li's father and son are suspected of producing and selling counterfeit and shoddy products and infringing the exclusive right to use a registered trademark
Case Introduction: On May 10, 2021, after the Bazhong Municipal Market Supervision Bureau reported clues based on the registered trademark holder, the joint public security organs jointly inspected the company, store, warehouse and residence of Li Moumou's father and son in Bazhong City and found a large number of gas stoves, water heaters and other products, and found multiple brands of gas stove finished products, semi-finished products, raw materials, processing operation equipment, outer packaging and identification labels in his home. After appraisal by the holder of the registered trademark, some of the products marked with trademarks such as "Little Swan" are products that fraudulently use the product logo of the registered trademark and infringe the exclusive right to use the registered trademark. The parties cannot provide the mandatory product certification certificate of the above-mentioned household gas cookers on the spot.
In 2020, the market department operated by Mr. Li was investigated and punished by the bazhou district market supervision department in 2020 for not obtaining a compulsory product certification certificate and fraudulently using forged other people's factory names and factory sites to produce and sell gas cookers, and after organizing inspections of the above places again, thousands of finished gas stoves, water heaters and range hood products marked with graphic and text trademarks such as "WONDERFLOWER", "WANGYINGHUA", "Suber", "Xiaobawang", "OPAICN" and other graphic and text trademarks were seized It involves more than 10 kinds of trademarks and more than 20 production enterprises (including false enterprise names), distributed in Zhejiang, Guangdong, Sichuan and other places. Some of the finished products involved in the case do not have production dates and product certificates, the outer packaging information does not match the inner products, multiple manufacturers produce the same products with the same registered trademark, the same manufacturer produces the same product with multiple registered trademarks, the registered trademarks marked on the outer packaging are inconsistent with the registered trademarks marked on the inner products, and the contact telephone number reserved for the production enterprises in the non-Bazhong jurisdiction is bazhong City. After investigation, some of these enterprises have been cancelled or revoked, some enterprises have no registration information, some trademarks are not held by enterprises that are not marked, some registered trademarks are beyond the scope of trademark licensing, some registered trademarks have been cancelled or invalidated because they have not been used within three years, and the registration information of some trademarks is displayed as a state of dispute.
On May 15, 2021, in view of the fact that the amount involved in the case has reached the standard for filing and prosecuting criminal cases, the Bazhong Municipal Market Supervision Bureau transferred the case to the Bazhong Municipal Public Security Organ in accordance with the law, and the public security organ filed the case on the same day and detained 2 people. At the request of the public security organs, the Bazhong Municipal Market Supervision Bureau assisted in handling the case, sampled and sent the products involved in the case for inspection, and at the same time issued a letter of assistance to the market supervision departments of Zhongshan City, Foshan City, Guangzhou City, Shenzhen City and Yuhuan City in Zhejiang Province in Guangdong Province to further investigate the products and registered trademarks involved in the case.
After investigation, it was confirmed that the parties engaged in the operation of gas stoves, water heaters, range hoods and other kitchen and bathroom appliances had the behavior of re-producing and processing gas stoves, water heaters and other products after being punished; the parties did not obtain a compulsory product certification certificate for the production and processing of household gas appliances. The enterprise name, factory address, etc. marked on the products involved in the case are counterfeit factory names and factory addresses of others, or false enterprise names, and the font sizes (well-known trademarks) used in some enterprise names have not been authorized. The products involved in the case were all unqualified products after supervision and sampling. The registered trademark class on the product in question is Class 11, which is printed by the parties themselves; the parties have not obtained the right to use the registered trademarks involved in the case, nor have they established a consignment production relationship with the enterprises involved in the case; and several trademarks in the trademarks involved in the case have been declared invalid or are in a trademark dispute.
Result of handling: The party's act of producing and selling products that identify the above-mentioned registered trademark without the permission of the trademark registrant is suspected of violating the relevant provisions of the Trademark Law of the People's Republic of China and constituting an act of counterfeiting a registered trademark and infringing the exclusive right to use a registered trademark. At the same time, the parties were suspected of once again constituting the production of gas stoves without obtaining a compulsory product certification certificate for household gas appliances, and were suspected of constituting a variety of illegal acts such as the production and sale of unqualified products, fraudulent use of other people's factory names, factory sites, quality marks, and unfair competition. The parties involved are currently being prosecuted by the procuratorate.
Case 10: Mr. Ye was suspected of selling counterfeit registered trademark goods
Case Introduction: On August 18, 2021, the Bazhong Municipal Market Supervision Bureau, together with the law enforcement personnel of the public security organs, inspected the snowflake Tongjiang silver ear fungus and snowflake ® ® black fungus to be shipped at a logistics delivery point in Bazhong and found that the parties were to be shipped with the "snowflake ®" trademark products and packaging bags. That is, the raid on the parties' residences found other "snowflake ®" series products, as well as coding sealing equipment and computers. After on-site appraisal by the trademark registrant holding the "Snowflake ®" trademark, the series of products marked with the "Snowflake ®" trademark are counterfeit registered trademark products that infringe the exclusive right to use the company's registered trademark. Law enforcement personnel shall take administrative compulsory measures of seizure of relevant products, tools and equipment in accordance with law. On August 18, 2021, the Bazhong Municipal Market Supervision Bureau filed an investigation into the "sale of goods infringing the exclusive right to use the trademark" on the basis of the parties' suspicion of selling goods with the exclusive right to use the registered trademark.
In further investigation, law enforcement officers found a large number of white fungus, black fungus and other products marked with the "snowflake ®" trademark and raw materials used for the above products, packaging cartons, packaging bags, label paper, sealing machines, can sealing machines, coders, electronic scales, courier printers, computers and other production tools and equipment displaying the background of online stores in a residential area, and blocked several relevant staff members on the spot.
After preliminary investigation, the products found in the above inspection involve many varieties of different specifications such as white fungus, basswood white fungus, Materia Medica white fungus, flower mushrooms, shiitake mushrooms, agaricus mushrooms, and porcini mushrooms. Mr. Ye holds the production and processing equipment and corresponding raw materials of the above products, hires employees to work for them, and rents a space for storing raw materials and packaging and shipping. Mr. Ye sells the above products on online platforms such as Taobao and Jingdong Mall in the name of a company, and is responsible for the management and maintenance of the backstage of the online store. Some of the products sold by the parties have been identified as counterfeit registered trademarks.
Handling result: Ye Moumou's behavior was suspected of violating the relevant provisions of the Trademark Law of the People's Republic of China, which was suspected of constituting infringement of the exclusive right to use a registered trademark; the suspected transaction amount was more than 10 million yuan, which was suspected of constituting a crime. The Bazhong Municipal Market Supervision Bureau transferred the case to the public security organs in accordance with the law, and the public security organs have detained 2 criminal suspects. At present, the case is being further handled. (Zeng Yong)