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陕西省榆林市市场监督管理局2025“守护消费”铁拳行动及纵深推进服务型执法典型案例(第一期)
转自:榆林市市场监管 为切实维护消费者合法权益,优化市场环境,2025年榆林市市场监督管理局深入开展"守护消费"铁拳行 动,纵深推进服务型执法,加强对市场主体的指导与服务,严厉打击各类违法行为,查处了一批违法案 件,现将典型案例公布如下。 一、榆林市榆阳区某加油站销售不符合国家标准的车用柴油案(市执法支队查办) 案情摘要:当事人销售的-10号车用柴油经检验密度(20℃)不符合GB19147-2016(Ⅵ)标准要求,货值金额 为18417.74元,违法所得4604.44元。2024年12月17日,执法人员现场检查时已全部销售。 调查结果:当事人的上述行为违反了《中华人民共和国产品质量法》第十三条的规定,构成销售不符合 国家标准的车用柴油的违法行为。 处理结果:鉴于当事人积极配合执法人员提供证据材料,履行进货查验制度,知其违法行为后积极整改 并向本局提交整改报告,给予当事人减轻处罚。依据《中华人民共和国产品质量法》第五十五条规定, 对当事人作出如下行政处罚:1.没收违法所得4604.44元;2.处货值金额(18417.74元)0.5倍的罚款9208.87 元,罚没金额13813.31元。 典型意义:本案查处打击了 ...
以“青春盛宴”拥抱AI新时代 滨江区政协活动周启幕
Mei Ri Shang Bao· 2025-07-15 03:01
Core Insights - The "Embrace AI New Era, Gather Youth International Binjiang" themed event week has officially launched, showcasing the vibrant energy and contemporary style of the high-tech zone (Binjiang) through various activities such as exhibitions, interactive discussions, open classes, and specialized lectures [1] Group 1: Event Overview - The event features a week-long "Youth Feast" that integrates technological innovation with cultural creativity, highlighting the achievements and services of the Binjiang District [1] - A total of 18 customized service projects were announced, aimed at meeting the specific needs of communities, enterprises, parks, and schools [1] Group 2: Service Offerings - The "Send Culture" initiative includes activities such as youth lectures, voice-over teaching, intangible cultural heritage displays, and calligraphy training [1] - The "Send Education" program features practical activities on harmonious coexistence with nature and plant and meteorology science popularization [1] - The "Send Health" initiative offers traditional Chinese medicine services and psychological counseling [1] - The "Send Law" program includes public legal education, commercial mediation, and business protection lectures [1] - The "Send Technology" initiative presents digital therapy experiences, an AI marketplace, entrepreneurial guidance, and drone driving lectures [1] - The "Send Sports" program features Olympic champions visiting schools and sports training summer camps [1] Group 3: Technology and Cultural Integration - The AI Binjiang Market showcases technology products and intangible cultural heritage skills, with highlights including a mobile experience vehicle featuring AI time restoration, AI perfume creation, and smart robotic dogs [2] - The market also features a traditional craft display of rock color enamel, showcasing the unique charm of precious traditional heritage [2] Group 4: Upcoming Activities - A series of specialized lectures and open classes are scheduled, covering topics such as intellectual property protection, creating quality video content in the AI era, and the integration of silicon-based and carbon-based intelligence [2] - Additional sessions will focus on business mediation, traditional culture, digital finance, and health management, providing practical guidance for enterprise development and healthy living [2]
《中共中央关于加强新时代审判工作的意见》发布 加强金融审判完善法治化营商环境严惩操纵市场内幕交易等金融犯罪
Zheng Quan Shi Bao· 2025-07-14 18:42
Group 1 - The core viewpoint of the article emphasizes the strengthening of judicial work in the financial sector, targeting financial crimes such as market manipulation, insider trading, and money laundering, while also improving the legal framework for digital currencies and cross-border financial disputes [1][2] - The document outlines the need for a fair judicial environment to support high-quality development and security, ensuring equal penalties for violations of various ownership rights and legal interests [2][3] - It highlights the importance of enhancing the judicial protection of intellectual property rights, particularly in key technological innovation and trade secrets, and improving the appellate review mechanism for intellectual property cases [3] Group 2 - The article discusses the need for stricter regulations and judicial measures against environmental pollution and ecological damage, promoting a judicial responsibility system focused on ecological restoration [3] - It emphasizes the protection of civil rights in areas such as employment, healthcare, and consumer rights, ensuring fair labor practices and timely compensation for workers [3] - The document also addresses the enhancement of foreign-related judicial work, including measures against sanctions and interference, and the establishment of a judicial protection mechanism for overseas interests [3]
半两财经 | 泡泡玛特注册仿品的背后: 中国潮玩经济之路该怎么走
Bei Jing Qing Nian Bao· 2025-07-14 06:31
Core Insights - The rise of LABUBU reflects the growing popularity of trendy toys among young consumers, driven by emotional value and the healing economy [1][10] - The phenomenon has led to a surge in counterfeit products, highlighting the strong vitality of Chinese trendy toy IPs and their global influence [1][10] Group 1: Market Dynamics - LABUBU has become a top trendy toy, significantly boosting consumer enthusiasm, with high foot traffic observed in stores like the Pop Mart in Beijing [3][5] - The popularity of LABUBU has resulted in a shortage of genuine products, giving rise to counterfeit versions known as "LAFUFU," which are being actively marketed [5][6] - The market for trendy toys in China is estimated to be worth around 600 billion yuan, accounting for 20% of the global market, with a projected compound annual growth rate of 33% [13][14] Group 2: Intellectual Property Protection - The emergence of counterfeit products has prompted companies like Pop Mart to take defensive measures, such as registering trademarks for "LAFUFU" to protect their IP [6][9] - Pop Mart has registered over 1,500 copyrights and is involved in numerous legal disputes related to trademark and copyright infringements [7][9] - Customs authorities have intensified efforts to combat counterfeit LABUBU products, seizing over 38.67 million items in the first half of the year [9][10] Group 3: Consumer Behavior - LABUBU resonates with consumers aged 18 to 29, fulfilling their emotional and identity needs, as evidenced by personal stories of attachment to the product [10][12] - The design of LABUBU, characterized by its unique and imperfect features, appeals to consumers seeking authenticity and emotional connection [10][12] - The trend reflects a broader shift in consumer preferences towards emotional and spiritual fulfillment rather than mere material satisfaction [12][13] Group 4: Cultural Impact - The success of LABUBU signifies a shift in China's cultural narrative, moving from "Made in China" to "Created in China," showcasing the country's cultural and supply chain advantages [13][14] - LABUBU's global appeal has been recognized, with the character being awarded titles and gaining traction in international markets [13][14] - The growth of the trendy toy industry is indicative of China's rising cultural soft power and the increasing recognition of Chinese stories and designs worldwide [14][16]
Labubu如何鉴定真伪?海关总署:关键看牙齿
财联社· 2025-07-14 04:59
Core Viewpoint - The article discusses the significant rise in the popularity of the Chinese toy brand "Labubu" both domestically and internationally, highlighting the efforts of customs authorities in protecting intellectual property rights against counterfeit products [2][4]. Group 1: Trade and Market Insights - In the first four months of the year, China's exports of dolls and animal toys exceeded 13.31 billion yuan, marking a 9.6% increase [2]. - The surge in demand for "Labubu" has led to a notable increase in counterfeit products being seized at various ports [2][6]. Group 2: Intellectual Property Protection - Customs authorities have been actively involved in intellectual property protection since 1994, with a total of 11,000 batches and 38.675 million items suspected of infringement being seized in the first half of the year [2]. - The customs law allows for proactive inspections and detentions of suspected infringing goods at entry and exit points, supporting innovation and protecting intellectual property [2]. Group 3: Counterfeit Market Dynamics - The counterfeit "Labubu" products are often marketed on second-hand platforms with misleading labels such as "national version" and "high quality," typically sold at significantly lower prices [4]. - Customs has reported a high volume of smuggling cases involving counterfeit "Labubu" products across various regions, with Shanghai, Guangdong, and Zhejiang being hotspots for such activities [6][7]. Group 4: Enforcement Actions - Customs has been employing various methods to combat the smuggling of counterfeit products, including tracking and seizing large quantities of fake toys and related materials [7]. - Collaborative efforts with platforms like Amazon have led to the identification and apprehension of suppliers involved in the production and distribution of counterfeit "Labubu" products [7].
唯变是存,以变定向:商业犯罪13%增幅背后的三大发展趋势丨律新调研
Sou Hu Cai Jing· 2025-07-11 11:30
Core Insights - The article discusses the evolving landscape of commercial crime in China, highlighting a paradox where overall criminal cases are declining, yet crimes related to the business sector are on the rise, particularly in the context of new economic forms and digitalization [2][3]. Group 1: Diversification of Commercial Crime - Commercial crime is becoming more diverse, reflecting the complexities of modern economic activities, with trends including dynamic evolution of fraud, intertwining of criminal and civil responsibilities, and cross-border criminal activities [2][3]. - Traditional corporate fraud is evolving from financial data manipulation to more complex methods, such as procurement manipulation and the use of related companies for price manipulation [3][5]. - Intellectual property crimes have surged, with over 31,000 cases prosecuted in the past five years, marking increases of 41.4% in cases and 66.1% in individuals involved [3]. Group 2: Intersection of Criminal and Civil Law - The complexity of commercial crime is increasing, with criminal acts often overlapping with civil liabilities, leading to a more intricate legal landscape [6][7]. - Examples include cases where actions trigger both criminal fraud charges and civil restitution obligations, complicating legal proceedings [6]. - The blurring lines between criminal and civil law necessitate a deeper understanding of emerging business models to effectively navigate legal challenges [7]. Group 3: Technological Advancement in Criminal Methods - The rise of blockchain technology and generative AI is reshaping the methods of commercial crime, making them more sophisticated and harder to detect [10][11]. - Financial crimes related to blockchain have increased, with 25,000 prosecutions for financial fraud and over 3,000 for money laundering linked to virtual currencies in 2024 [11]. - AI technologies are being exploited for various criminal activities, including telecom fraud and online violence, with a notable 53.9% increase in telecom fraud cases in 2024 [13][14]. Group 4: Grouping of Criminal Actors - The organization of commercial crime is shifting from individual acts to more structured group operations, including internal collusion and external partnerships [16][18]. - New criminal models have emerged, such as "professional bankrupts" who exploit legal loopholes to evade debts, indicating a systemic challenge in combating commercial crime [17][18]. - The complexity of these organized crimes necessitates enhanced risk management strategies within companies to address potential collusion among various stakeholders [18].
“无印良品”20余年商标纷争:民营企业知识产权守护启示录
Hua Xia Shi Bao· 2025-07-11 10:31
Core Viewpoint - The implementation of the "Private Economy Promotion Law" on May 20 marks a new phase in the protection of intellectual property rights for private enterprises in China, highlighted by the recent Supreme Court ruling in favor of Cottonfield Company regarding the "Muji" trademark dispute with Japan's Muji [2][6]. Group 1: Trademark Dispute Background - The trademark dispute between Cottonfield Company and Japan's Muji has lasted over 20 years, originating from Cottonfield's establishment in the 1990s and the registration of the "Muji" trademark in 2000 [3][4]. - Cottonfield's trademark was officially registered in 2004, while Japan's Muji had previously registered trademarks in other categories but not in the textile category [3][4]. - The Supreme Court confirmed the coexistence of the "Muji" trademarks in 2012, ruling that Japan's Muji could not prove its trademark's influence in mainland China for the textile category [4][5]. Group 2: Legal Developments - Despite the 2012 ruling, Japan's Muji continued to pursue trademark registration in the textile category, leading to a lengthy legal battle that culminated in another Supreme Court ruling on June 23, 2025, which upheld Cottonfield's trademark rights [5][6]. - Ongoing legal disputes remain between the two companies, particularly regarding the use of the "Muji" name in online and offline retail [5][6]. Group 3: Importance of Intellectual Property - The case exemplifies the significance of intellectual property rights for private enterprises in China, as emphasized by the new law that aims to enhance protection and support for innovation [6][7]. - Cottonfield's experience highlights the need for private companies to clearly define their market positioning and actively communicate their brand value to consumers [6][7]. Group 4: Company Strategy and Future Outlook - Cottonfield is focusing on technological development and high-quality products, achieving significant advancements in product performance, such as a towel that absorbs water in less than one second [7]. - The company has diversified into various sectors, including textiles, traditional Chinese medicine, and e-commerce, boasting over 1,000 proprietary intellectual properties and patents [7]. - Cottonfield anticipates revenue exceeding 5 billion yuan in 2024, driven by innovations such as the popular soybean fiber products developed during the pandemic [7].
贵州“科密酒”遭瓦妮莎律师函警告,企业宣布弃用并致歉
Qi Lu Wan Bao· 2025-07-11 06:20
Core Viewpoint - Guizhou Kemi Liquor Industry, previously known as Guizhou Kobe Liquor Industry, has faced legal action for trademark infringement related to the late NBA star Kobe Bryant, leading to a decision to abandon the disputed trademark and issue a public apology to Vanessa Bryant [1][2][3] Group 1: Company Actions - Guizhou Kemi initially registered under the name "Guizhou Kobe Liquor Industry" but later changed to "Kemi Liquor," continuing to use Kobe's logo and related imagery in promotions, which resulted in legal disputes [2] - The company has invested over 4 million yuan (approximately 0.57 million USD) in trademark acquisition, production, and marketing but has decided to cease using the disputed trademark [3] Group 2: Public and Expert Reactions - The incident has sparked public debate, with some criticizing the company for exploiting celebrity status and lacking legal awareness, while others suggest the need for reflection on trademark compliance [4] - Experts highlight the increasing strictness of international trademark protection, warning that unauthorized use of celebrity names, images, or related identifiers can lead to significant legal repercussions [5]
海川智能: 关于取得专利证书的公告
Zheng Quan Zhi Xing· 2025-07-10 08:17
Core Viewpoint - Guangdong Haichuan Intelligent Machinery Co., Ltd. has recently obtained two utility model patent certificates from the National Intellectual Property Administration of the People's Republic of China, which will enhance its intellectual property protection system and maintain its technological leadership [1][2]. Group 1: Patent Details - The first patent is for a "loose packing device" with patent number ZL 2024 2 2077878.7, applied on August 26, 2024, and authorized on July 4, 2025 [1]. - The second patent is for an "automatic weighing and sorting device" with patent number ZL 2024 2 1825398.8, applied on July 31, 2024, and authorized on June 10, 2025 [1]. Group 2: Impact on Company - The acquisition of these patents is a result of the company's independent research and development efforts, which will not have a significant impact on its production and operations but will strengthen its core competitiveness [2]. - The patents will help the company to further enhance its intellectual property protection system and foster a continuous innovation mechanism [2].
金石资源:恪守知识产权保护原则,推动行业技术进步
Core Viewpoint - The legal dispute between Jinshi Resources and Tianci Materials has seen a significant development, with Tianci Materials withdrawing its lawsuit against Jinshi Resources, while Jinshi Resources maintains its stance on protecting intellectual property rights and is prepared to take legal action if necessary [1][2]. Group 1: Legal Proceedings - On July 9, Jinshi Resources announced that Tianci Materials and Jiujiang Tianci had applied to withdraw their lawsuit, which was approved by the Hangzhou Intermediate People's Court [1]. - The Guangzhou Intellectual Property Court had previously accepted a case filed by Tianci Materials against Jinshi Resources and its subsidiary for alleged infringement of trade secrets [1]. - Jinshi Resources raised a jurisdictional objection, which was initially dismissed by the Guangzhou court, but the Supreme People's Court later ruled in favor of Jinshi Resources, transferring the case back to the Hangzhou court [1]. Group 2: Company Position and Evidence - Jinshi Resources emphasized its commitment to intellectual property protection and innovation, stating that it has submitted substantial evidence to demonstrate that the claimed "trade secrets" are publicly known within the industry and do not qualify as legal trade secrets [2]. - The company expressed its core values of "doing good and mutual benefit," aiming to promote the common development and prosperity of the entire industry chain [2].