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

the rights and interests of the users and consumers for the users and consumers;

　　(3) to take part in investigating, dealing with and testing the counterfeit, fake or inferior commodities, and to promulgate to the society the designations or names, shop names, addresses, nam

es 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 that have been confirmed by the competent departments;

　　Article 38 When the working staff of the social organizations that protect the rights and interests of the users and consumers perform the duties, relevant units and individuals shall cooperate and provide convenience.

　　Article 39 The press units supervise the malfeasances of manufacturing or selling counterfeit, fake or inferior commodities through the following ways:

　　(1) to promulgate 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 according to the entrustment of the competent departments or the social organizations that protect the rights and interests of the users and consumers;

　　(2) to disclose the malfeasances involving the counterfeit, fake or inferior commodities;

　　(3) to provide measures of identifying the counterfeit, fake or inferior commodities and consulting services on protecting the rights and interests of the users and consumers for the users and consumers.

　　Chapter Ⅶ Legal Responsibilities

　　Article 40 For those who manufacture the counterfeit, fake or inferior commodities, the competent departments or other relevant administrative departments shall enforce them to stop manufacturing, confiscate the counterfeit, fake or inferior commodities as well as the tools, equipments and raw materials used in manufacturing or processing, confiscate the illegal gains, and may also impose a fine more than one time but less than 2 times of the total value of the manufactured counterfeit commodities and more than one time but less than 3 times of the total value of the manufactured fake or inferior commodities, and order them to suspend business for internal rectification, or the administrative department of industry and commerce shall revoke the Business License according to law. For those who sell the counterfeit, fake or inferior commodities, the competent departments or other relevant administrative departments shall enforce them to stop selling, confiscate the counterfeit, fake or inferior commodities as well as the illegal gains, and may also impose a fine more than 50 percent but less than 2 times of the total value of the counterfeit commodities and more than 50 percent but less than 3 times of the total value of the fake or inferior commodities, and may order them to suspend business for internal rectification, or the administrative department of industry and commerce shall revoke the Business License according to law.

　　Article 41 For those who manufacture the following counterfeit, fake or inferior commodities, the competent departments or other relevant administrative departments shall enforce them to stop manufacturing, confiscate the counterfeit, fake or inferior commodities as well as the tools, equipments and raw materials used in manufacturing and processing, confiscate the illegal gains, and may also impose a fine more than one time but less than 3 times of the total value of the counterfeit commodities and more than one time but less than 5 times of the total value of the fake or inferior commodities, and the administrative department of industry and commerce shall revoke the Business License according to law. For those who sell the following counterfeit, fake or inferior commodities, the competent departments or other relevant administrative departments shall enforce them to stop selling, confiscate the counterfeit, fake or inferior commodities as well as the ille

gal gains, and may also impose a fine more than 50 percent but less than 3 times of the total value of the counterfeit commodities and more than 50 percent but less than 5 times of the total value of the fake or inferior commodities, and order them to suspend business for internal rectification, or the administrative department of industry and commerce shall revoke the Business License according to law:

　　(1) the counterfeit, fake or inferior food, drink, wine, medicine, cosmetic, medical apparatus and instruments, medical health materials or other commodities injurious to human’s health;

　　(2) the counterfeit, fake or inferior electrical equipments, pressure-vessels, inflammable and explosive goods, and other commodities injurious to the safety of the persons and properties;

　　(3) the counterfeit, fake or inferior chemical fertilizer, pesticide, veterinary medicine, seeds, cement, steel, or other important materials for production.

　　Article 42 For the legal representative or the person mainly in charge of the unit who manufactures or sells the counterfeit, fake or inferior commodities as well as provides conditions and services for manufacturing or selling the counterfeit, fake or inferior commodities, the competent departments shall impose a fine more than 10,000 yuan but less than 100,000 yuan, and relevant departments shall give administrative sanctions.

　　The persons that have been punished according to the preceding paragraph are prohibited to hold the post of legal representative or the person mainly in charge of the unit within 3 years and to undertake private industry and commerce.

　　Article 43 If the personnel for quality inspection issue the quality certificates to the counterfeit, fake or inferior commodities or they are fully aware the commodities are counterfeit, fake or inferior but still check and accept them, they shall be confiscated the illegal gains, be fined more than 10,000 yuan but less than 30,000 yuan by the competent departments, and be given administrative sanctions by relevant departments.

　　Article 44 If the purchasers of the sales unit purchase the counterfeit, fake or inferior commodities intentionally, they shall be confiscated the illegal gains and be fined more than 10 percent but less than 20 percent of the procurement amount of money, but the fine shall not be less than 10,000 yuan at the least.

　　Article 45 If any unit or individual is fully aware that others are manufacturing or selling counterfeit, fake or inferior commodities but still provides ground, equipments and other conditions for them, the competent departments shall order them to stop providing ground, equipments and other conditions, confiscate the collected rents and use fees, and impose a fine more than 5 times but less than 10 times of the collected rents or use fees.

　　Article 46 For any unit or individual printing or transferring the fake trademark signs, authentication marks and marks of famous brands and quality products, the competent departments shall order them to stop printing or transferring, confiscate the illegally printed or transferred fake trademark signs, authentication marks, marks of famous brands and quality products, printing tools, equipments and raw materials as well as the illegal gains, impose a fine more than one time but less than 5 times of the total value of the printed or transferred fake trademark signs, authentication marks and marks of famous brands and quality products, and order the party to suspend business for internal rectification, or the municipal administrative department of industry and commerce detains the Business License temporarily. If the party has reached the rectifying and reforming requirements after an examination, the administrative department of industry and commerce shall return the Business License.

　　Article 47 If the depositaries and carriers are fully aware that these commodities are counte

rfeit, fake or inferior but still store and transport them, the competent departments shall confiscate the collected storage charges and traffic expenses, impose a fine more than 5 times but less than 10 times of the collected storage charges and traffic expenses, and order them to suspend business for internal rectification, or the administrative department of industry and commerce detains the Business License temporarily. If the party has reached the rectifying and reforming requirements after an examination, the administrative department of industry and commerce shall return the Business License.

　　Article 48 To the advertising operators who fail to examine relevant certificates and the advertisements’ contents according to law and provide advertising services for the counterfeit, fake or inferior commodities, the administrative department of industry and commerce shall impose the following punishments:

　　(1) to enforce them to stop releasing advertisements;

　　(2) to order them to rectify publicly;

　　(3) to confiscate the advertising fees;

　　(4) to impose a fine more than 5 times but less than 10 times of the advertising fees;

　　(5) to revoke the License for Advertising Operation.

　　Two or more punishments stipulated in the preceding paragraphs may be imposed at the same time.

　　Article 49 For those who impart the measures of manufacturing or selling the counterfeit, fake or inferior commodities, the competent departments shall confiscate the illegal gains and impose a fine more t

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