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人民时评:以法治之力打击山寨食品
news flash· 2025-06-02 23:52
治理的有效性取决于措施的精准性。针对"近似侵权""实质性相似"等法律概念,可制定更具操作性的认 定标准,将包装装潢、色彩搭配等隐性侵权要素纳入规制范围。治理的关键,在于构建"违法成本>违 法收益"的惩治体系。不妨考虑在相关法律中增设相关条款,对主观故意、反复侵权等仿冒食品行为施 以更高的罚款乃至惩罚性赔偿。同时,应进一步完善行刑双向衔接机制,推动行政处罚和刑事处罚双向 闭环、无缝衔接,实现"1+1>2"的惩治效果。整治山寨食品不是监管的"单打独斗",而应推进多元主体 协同共治。政府厉行监管、企业强化自律、平台严把关口、公众参与监督、行业组织守土尽责,集聚合 力,方能让山寨食品无处遁形。(人民日报) ...
以法治之力打击山寨食品(人民时评)
Ren Min Ri Bao· 2025-06-02 21:43
Core Viewpoint - The article emphasizes the need for a robust legal framework to combat counterfeit food products, highlighting the importance of establishing a system where the cost of illegal activities exceeds the benefits derived from them [1][2]. Group 1: Legal Framework and Enforcement - The current legal system in China includes laws such as the Anti-Unfair Competition Law, Trademark Law, and Food Safety Law, which collectively provide a comprehensive regulatory framework against counterfeit food [1]. - There is a call for clearer operational standards regarding legal concepts like "similar infringement" and "substantial similarity," which should include elements like packaging and color schemes [2]. - The article suggests increasing penalties for intentional and repeated infringement of food products to enhance deterrence [2]. Group 2: Technological Integration - The application of new technologies, such as blockchain, can create a traceability system from raw material procurement to end sales, improving oversight of counterfeit products [2]. - Smart algorithms can assist in monitoring e-commerce platforms for counterfeit food information, while satellite technology can help identify hidden processing locations [2]. Group 3: Collaborative Governance - Effective governance against counterfeit food requires collaboration among multiple stakeholders, including government agencies, businesses, platforms, and the public [3]. - Initiatives like internal whistleblower rewards, "red and black lists" for businesses selling counterfeit products, and industry associations promoting "genuine product commitments" are being implemented to enhance accountability [3]. Group 4: Market Dynamics and Innovation - The article highlights the importance of balancing the destruction of counterfeit products with the establishment of protective measures for genuine products, using the example of Heilongjiang Wuchang rice, which has implemented a traceability platform and increased R&D investment [3]. - The integration of legal protection and innovation is seen as a way to drive out counterfeit products from the market, demonstrating the principle of "good money drives out bad money" [3].