深圳经济特区严厉打击生产、销售假冒伪劣商品违法行为条例（第三次修） Regulations of Shenzhen Special Economic Zone on severely Cracking

ssessed eligible.

　　When the administrative law enforcement personnel investigate and deal with the counterfeit, fake or inferior commodities, there shall be at least two administrative law enforcement persons to take part in and they shall show the Credentials of Administrative Execution to the party.

　　Article 22 When the administrative law enforcement personnel investigate and deal with the counterfeit, fake or inferior commodities, they have powers to investigate and collect relevant evidences and materials according to law. The units and individuals investigated shall report truth and provide necessary materials. No unit or individual may hinder or interfere with the law enforcement activities.

　　The administrative law enforcement personnel shall keep the party’s legitimate technical and business secrets confidentially.

　　Article 23 When the administrative law enforcement departments and their administrative law enforcement personnel investigate and prosecute the counterfeit, fake or inferior commodities, they shall trace the origins, manufacturers, suppliers, sellers, depositaries, transporters and other relevant parties of the counterfeit, fake or inferior commodities involving the investigated and prosecuted case.

　　Article 24 When the competent departments and other relevant administrative departments investigate and deal with the counterfeit, fake or inferior commodities, if they find that the origins, manufacturers, suppliers, sellers, depositaries, transporters and other relevant parties of the counterfeit, fake or inferior commodities are outside Special Zone, they shall report to the superior departments and inform the case to the relevant departments outside of Special Zone and assist their investigation.

　　Article 25 For the investigated cases of counterfeit, fake or inferior commodities with clear facts, conclusive evidences and a fine of less than 3000 yuan, if the parties have no dissents, the competent departments may impose punishment on the spot. If the punishment is imposed on the spot, the competent departments shall make written decision of punishment

on the spot.

　　If the punishments are imposed on the spot according to the preceding paragraph, the administrative law enforcement personnel shall make on-the-spot records. The records made on the scene shall record the basic conditions of the parties, main facts of the malfeasances, contents of the punishments, and shall be signed by administrative law enforcement personnel and the parties.

　　Article 26 For the cases of counterfeit, fake or inferior commodities except those that may be punished on the spot according to the preceding article, the competent departments shall investigate immediately after finding or receiving reports. If the cases accord with the conditions of placing a case on file, they shall be put on record.

　　Article 27 The competent departments which investigate and deal with the counterfeit, fake or inferior commodities shall make a treatment decision within 90 days from the date on placing the case on file; For the important and complex cases, with an approval of the chief administrative officers of the district or superior competent departments, the period can be extended, but the time extended cannot exceed 90 days.

　　Article 28 For the following sequestered or attached commodities, the competent departments may dispose them anticipatorily after taking other measures of perpetuating testimony:

　　(1) the fresh and live commodities that are liable to be destroyed;

　　(2) the commodities that are easy to be putrid or deteriorated;

　　(3) other commodities that are difficult to be preserved.

　　Article 29 With an approval of the chief administrative officers of the district or superior competent departments, the competent departments may decide to sequester or attach the suspected counterfeit, fake or inferior commodities. The time of sequestration or attachment shall not exceed 60 days. Under special circumstances, with an approval of the chief administrative officers of the municipal competent departments, the time can be extended, but the extended time shall not exceed 90 days.

　　When sequestering or attaching the suspected counterfeit, fake or inferior commodities, the competent departments shall make written decisions and serve them to the parties.

　　When sequestering or attaching the suspected counterfeit, fake or inferior commodities, the competent departments shall make the lists of sequestration or attachment, which shall be signed by the parties. If the parties are not present or refuse to sign, the administrative law enforcement personnel shall invite the eyewitnesses to sign on the lists of sequestration or attachment.

　　Article 30 For the sequestered or attached counterfeit, fake or inferior commodities, the competent departments shall make expert’s conclusions within 7 working days from the date on sequestering or attaching them; If the competent departments cannot make expert’s conclusions in specified period because of the limitations of detecting technique, with an approval of the chief administrative officer of the district or superior administrative department for technical supervision, the competent departments may extend the probative period duly, but the period shall not exceed 30 days at the longest.

　　If the commodities are not counterfeit, fake or inferior commodities with an appraisal or the competent departments fail to make expert’s conclusions within the time limit, they shall be removed the seal or released of the distress with no delay.

　　Article 31 The competent departments shall set up the archives system to the manufacturers, sellers and relevant parties of the counterfeit, fake or inferior commodities.

　　For the manufacturers and sellers of the counterfeit, fake or inferior commodities, besides being imposed punishments according to the provisions of these regulations, the competent departments may hang the warning sign of “manufacturer of counterfeit, fake or inf

erior commodities” or “seller of counterfeit, fake or inferior commodities” at the distinct site of the place where they manufacture or sell the counterfeit, fake or inferior commodities for 10 days.

　　Article 32 If the parties are not satisfied with the decisions of sequestration, attachment or punishment made by the district competent departments, they may apply to municipal competent departments for reconsideration within 15 days from receipt of the written decisions. If the parties are not satisfied with the decisions of sequestration, attachment or punishment made by municipal competent departments, they may apply for reconsideration to the organization for administrative review of Shenzhen Municipal People’s Government within 15 days from receipt of the written decisions. If the parties are not satisfied with the review decisions yet, they may file lawsuits to people’s court within 15 days from receipt of the written review decisions.

　　During the period of review or lawsuit, the implementation of the decisions of sequestration, attachment or punishment doesn’t suspend, except the laws and regulations have separate provisions. If the parties fail to apply for reconsideration or file lawsuits within the time limit and don’t implement the punishment decisions, the competent departments may enforce them coercively or apply to the people’s court for coercive enforcement according to law.

　　Article 33 The confiscated counterfeit, fake or inferior commodities shall be dealt with by the competent departments and other relevant administrative departments according to law.

　　Article 34 The competent departments shall regularly proclaim the designations or names, shop names, addresses, names of the enterprises’ legal representatives or the persons in charge of the manufacturers, sellers and relevant parties of the counterfeit, fake or inferior commodities as well as the names of the counterfeit, fake or inferior commodities or detecting results.

　　Chapter Ⅵ Social Supervision

　　Article 35 If the users and consumers are damaged because of the counterfeit, fake or inferior commodities, they have rights to appeal to the social organizations or other relevant departments that protect their rights and interests, or may file lawsuits directly to the people’s court.

　　Article 36 Any unit or individual who finds the malfeasances of manufacturing or selling the counterfeit, fake or inferior commodities has a right to report to the competent departments and other relevant departments.

　　For the units or individuals meritorious to report the manufacturers, sellers or other relevant parties of the counterfeit, fake or inferior commodities, the competent departments or other relevant departments shall give rewards to them.

　　The competent departments and other relevant departments shall keep confidential for the reporters. If necessary, the public security organization shall take measures to protect the reporters’ safety.

　　Article 37 The social organizations that protect the rights and interests of the users and consumers perform the following duties in prohibiting the malfeasances of manufacturing or selling the counterfeit, fake or inferior commodities:

　　(1) to accept the users and consumers’ complaint about the manufacturers, seller and relevant parties of the counterfeit, fake or inferior commodities, to investigate the complaint, and to put forward handling proposals to the competent departments or other relevant administrative departments;

　　(2) to provide measures of identifying the counterfeit, fake or inferior commodities and consulting services on protecting

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