address：Huian County, Fujian Province, Huidong Industrial Zone 2
Ningbo has a group professional fake people eyeing the packa
release time：2016/08/05 Traffic：
Weekend Nantang Street, Pharaoh Ningbo characteristics grocery stores coming and going, the two men appeared caught his attention. In recent days, two men appeared frequently in the store, check the label on food packaging. "This is a problem Minnesota wine, red bayberry wine effect introduced, as well as the first Chinese wine the words", "Come on, old man wine Minnesota Intuit hard to get, a lot of complaints last year, did not succeeded." The two the dialogue revealed their identity: professional fake. They mouth the old man, is a traditional distillery master Yinzhou Li Zhao Bao.
Fight against counterfeit from the initial support, but now with the professional fake people's game, Li Zhao Po witnessed the alienation of this group of professional fake people: Many professional fake people now no longer as it was as good or bad for the quality of products and counterfeit or not, and specifically complaints against defective product packaging label, the complainant claims.
"Fake" after the success of the commitment does not come within 5 years
In Pharaoh's minds, professional fake people in Nantang Street emergence from early 2015 began. Because dogged professional fake people's crackdown, the Pharaoh of this group special attention.
Last May, Wang received a phone call asking him to go to the area of market supervision department trip. Pharaoh learned that the two men complained that his shop selling things exist suspicion of false propaganda, in violation of advertising laws, and so on.
Originally, the two men in his shop to buy a certain brand of tuna and small Jingsheng peanuts, a total of 2,000 yuan, followed by the product packaging marked effect tuna, peanut nutrients and effect, etc., the market regulatory authorities to report complaints , claiming a violation of packaging labels advertising law, a matter for food, to market supervision department for investigation, and made 10 times the compensation.
Pharaoh had heard spoken of industry peers, professional fake, I did not expect this turn back to himself, but he is after all in the food industry for many years, food safety laws and regulations is still quite understand. He explained to law enforcement officers, packaging labeling tuna effect, especially not his brand of tuna, but only refers to, which is a popular science knowledge, and therefore does not constitute a false propaganda, there is no violation of the Advertising Law.
Pharaoh refused to compensate, and inform the professional fake people, if not satisfied go to justice, on the court. The two sides deadlocked, then the staff to mediate, to persuade both sides do not toss, the court is also troublesome, appropriate compensation point withdrawal closed forget. Eventually, the Pharaoh agreed to mediation, they buy back all the goods, but also fill the additional 2,000 yuan. After the two men succeeded commitment to Pharaoh, and then to his shop five years will not be fake.
Fake people this "commitment" to Pharaoh lump in my throat, he began to pay attention to this group of professional fake, found around nearly all food companies, have encountered similar anti-counterfeiting label. In Nantang Street, every few days there is another wave of professional fake people there, where many shops are old, the product is easy to identify the fake Mr. Liu was caught out.
This does not, two men appeared at the beginning of the article of the dialogue, it caused Pharaoh's attention. And their conversation begs Yinzhou a traditional distillery master Li Zhao Bao.
Almost all complaints about the packaging of the "fake"
Wine traditional brewing process as Minnesota Mining and inheritors, scale winery Li Zhao Bao little, fame is not small, enhance the visibility of various honors, but also attracted the attention of professional fake people, the result is almost endless counterfeiting complaints.
Last September, professional fake Wang Ninghai speed service area in the supermarket to buy five bottles of wine Minnesota, worth 400 yuan, followed by "the only national specialty" and absolute terms is false propaganda, citing the local market supervision complaints department, required by the relevant regulations 10 times the compensation. Ninghai market supervision department, after receiving a complaint, the first time on the supermarket shelves related products made storage process. Wang then went to Xiangshan high-speed service area supermarket to buy the same product, the same reason the complaint claims.
Talk of the town seems to have become accustomed to such complaints, his first time to notify the supermarket, as the product's manufacturer, he will use legal evidence and communicate with law enforcement process. As early as 2013, because of the same problem, talk of the town suffered through counterfeiting professional fake people, when the Lao Li explained that, according to the principle of who who reported evidence of informants should first provide the products are not "Ningbo only" evidence and then according to the law requires companies to identify the authenticity of the product is responsible for the content, authenticity if there are problems, we should bear the corresponding legal responsibility, but the reality is that professional fake people unable to provide any evidence.
At a time when talk of the town and the good offices of the market supervision department of communication, he received informants Wang has been the withdrawal of the notification. Supermarkets party later explained that, in order to leave it alone, they gave Wang 5000 yuan compensation, in exchange for Wang's withdrawal.
Talk of the town can not understand this deal, even though the fact that the false propaganda of the establishment, according to the law only 3 times the compensation, and claims 5000 yuan professional fake people agreed to withdraw the complaint behavior significantly beyond the normal range. Talk of the town in view, it is this trouble, Huaqianxiaozai psychology, which gave more space for professional fake people, condone their behavior complaint claims.
Subsequently, professional fake people for problem identification Minnesota wine on the packaging, launched a centralized "fake." Only the second half of last year, six months, professional fake people bought up Yuyao, Fenghua, Ningbo, Xiangshan, etc. Almost all the territory of the high-speed service area they think there is a problem of Minnesota wine, and then to the area of market supervision department fake claims.
Bombing crackdown complaints let talk of the town struggling to cope with that time, he was almost every day, holding the material in the market regulatory authorities around the back and forth, there is no proof packaging products suspected of false propaganda, has been recognized part of law enforcement officers , so that the causes of the current inter Ninghai supermarket private money was fake claims successfully, the rest of counterfeiting complaints were not supported.
Meanwhile, the reporter witnessed them with professional fake people Shumou a claim for mediation.
A seesaw mediation talks
Professional fake people from Shanghai Shumou their companions in Yuyao high-speed service area three times to buy a rice wine Minnesota bayberry, mulberry rice wine and other four products, followed by product identification in false propaganda, in violation of advertising law and food safety law Yuyao grounds to the market Authority reported.
Staff area recalled, after Shumou, who bought up the service area where all the brand of wine, but also ordered a number of before and after spent a total of more than 10,000 yuan.
Yuyao Market Authority after receiving the report, in accordance with the relevant provisions of the relevant evidence submitted by the defendant notice. Both sides uncompromising product identification is illegal, under the auspices of the Council after mediation conducted.
Shumou for questioning three times to buy the product of motivation, Shumou on their professional fake identity outspoken, saying the law Fake Purchasers supported.
To Shumou staff, who submit the product itself quality problems caused by the evidence and therefore personal, property or other damage, Shumou said product quality itself is no problem, did not cause physical damage, but the packaging of these products have a logo problem, they buy these products spent more than 10,000 yuan, but also multiple trips to Shanghai and Yuyao complaint, the fact that the existence of property damage. It is because of product quality is no problem, did not cause physical damage, so he is willing to give up 10 times the compensation demands, but requires 5 times the compensation.
Its staff to produce five times the legal basis for compensation, said the product identification Shumou false propaganda, fraudulent consumers, made five times the compensation. Staff warned that the mediation should have a legal basis for compensation, even though the establishment of consumer fraud, according to "Consumer Law" is 3 times the compensation, not 5 times the compensation requirements.
Shumou represents three times the compensation Zuobulezhu both of them, you need to discuss with other people, the two then walked out of the mediation room. A few minutes later, they return to mediation room, expressed through consultation, can accept 3 times the compensation. They recognized that the time for many years engaged in professional fake, now is not a person in the crackdown, but a group of people. They undertook to get compensation after the revocation of complaints and reports.
Against them 3 times the compensation requirement, insisted the service area, there are two 3 times the compensation the premise that product quality problems, consumers suffer harm and false propaganda facts established. Now that has been clearly quality is no problem, it depends on whether the establishment of false propaganda.
Lao Li repeatedly explained, clearly defined scope is to introduce their own advertising method they sell, and the contents of his wine on the packaging, especially not his products, are widely known scientific knowledge, there is no violation, no more false propaganda. If you must think that the violation, recommend to the court to allow the court to identify.
Shumou claimed that market surveillance authorities can also identify false propaganda, so I chose to complain to market regulators. Lao Li insisted that, even if the market supervision department finds that the false propaganda, they will file administrative reconsideration, it ultimately had to be determined by the court.
Finally, the service area lodge a compromise: taking into account the Shumou they buy more products in order to reduce their losses, may agree to return, and pay an additional round trip from Shanghai to three cars Yuyao fuel costs, other conditions We will not be accepted.
As the gap is too large, the mediation was not successful.
Occupation "fake" people to change strategy fruitful
Li Zhao Bao said, has just begun, he also supported the fight against counterfeiting, professional fake people from the perspective of protecting consumers' legitimate rights and interests of view, the whole market healthy development has played a very positive role, may vary with the alienation of this group, now a reality is that the vast majority of complaints and litigation fake claims almost all around the product label was born, regardless of the real fake, they are no longer a problem for the quality and counterfeit food, after all, it has to go through forensic examination and other procedures, difficult, cost is higher, but the problem is much simpler label, things to buy over a paper complaint sent to the market regulatory authorities waiting for compensation, almost zero cost, this is fake claims complaints and litigation explosive growth s reason.
It is in this case, the 2013 "s Court on the Food and Drug disputes applicable provisions of Law" issued in 2014, "Food Safety Law" has been revised accordingly.
Relevant laws and regulations, provide evidence that consumers from eating foods or use of drugs is compromised, prima facie damage associated with the consumption of food or drug use causal relationship, and requested food, medicine producers, sellers tort liability, the people's court shall support, but the food, pharmaceutical producers, sellers can prove that the damage was not due to the exception of products do not meet quality standards caused.
The supreme law of judicial interpretation the emphasis on the damage caused consumers to support, no harm is not supported. This provision has been very clear, as long as the compensation for legal support is the fact that consumers have the burden of proof of damage, which is currently professional fake people in court to issue a claim against the label, the reason is very difficult to win the lawsuit.
In view of this, professional fake people to change policy, do not take action but only to report complaints to market regulators, not only can make it easier to obtain compensation, but also get a certain percentage of reward, more importantly, if the market does not support the Administration reason, they can not as the administrative and other market regulators sued pressure.
This change in policy, so professional fake people fruitful. They just take a fraction of the cost of complaints enterprises, and enterprises to respond not only time consuming, hire a lawyer is not a small expenditure, so most choose Huaqianxiaozai, compounding withdrawal. Yinzhou, home business because the product identification wrote the sentence "Brassica juncea selection of high-quality raw materials for Ningbo" and complained to the market surveillance authorities, and finally because companies can not provide evidence of "high-quality Brassica juncea" rather lose money trouble to professional fake people.
Zhejiang open court reporter query network learned, professional fake people like Wang, within a year to a civil action to Hangzhou and Ningbo and other places of more than 10 since the court, sued or business, or sued local Market Supervision Administration, Finally, the vast majority of cases are in withdrawal and closed. Anonymity grassroots law enforcement officers told reporters, professional fake development today, this group does have been some changes, some professional fake goods seized on the issue on the label, bombing carried fake complaint claims, primary market supervision the number of such cases increased year by year the department received, how to deal with these complaints, it has become a reality and social problems currently facing.
SAIC being perfect "Consumer Law" implementing regulations
To deal with this professional fake people label "fake", five years ago, Li Zhao Bao began to focus on this particular group, and to study relevant laws and regulations, to protect themselves, but also for the industry peer advice. Today, in Ningbo food industry circles, his stubborn and contests have been a minor celebrity.
He also co-food circles counterparts, and regulatory authorities around the market to discuss food management regulations, safeguard the legitimate rights and interests of enterprises and fair market order, as far as possible not to professional fake people left handle.
Long communication, talk of the town on commodities regulations and the understanding of some of the burden of proof label has also been recognized part of law enforcement officers, in the face of the label counterfeiting cases made different treatment. Like Pharaoh the grocery store, the same labeling, Haishu here is taking the path of conciliation, the parties to compensate 2,000 yuan professional fake people closed after withdrawal, and in Yinzhou there, law enforcement officials said that if the label has a problem, after confirming that the investigation will be made according to the law, as compensation, the burden of proof because they can not be compromised, not support it.
According to Lao Li introduced in 2014, Hangzhou, Shanghai and other places of the market supervision department, to increase the threshold for admissibility of complaints tag counterfeiting cases, professional fake people had to the court, but little chance of winning, in early 2015, many professional fake people fought in Ningbo, through complaints to market regulators, label claims. According to some professional fake people said that at present active in Ningbo, the number of this group a lot. Many businesses because of the trouble, but also worried about corporate reputation is affected, so once encountered complaints, would rather the money to buy peace.
However, money can buy well? Pharaoh this very well, he told reporters that he had a friend suffered label "fake", before the wave of counterfeiting take the money away and will not come again later promised. Yes, he will not come again, few days later, another fake call and came to the door.
Why do not the tag specification, let professional fake people no loopholes? Wang Ningbo Lukang food companies expressed frustration in recent years, food safety laws and regulations related to the adjustment quickly, many companies and lack of timely and effective guidance, a number of printed packaging, not run out, the new regulations came again, so many boxes do throw away? Only a waste of resources, but also spending a lot of money the pen, you know, some large enterprises, the annual charge for packing will hundreds of million.
Recently, the State Administration for Industry and Commerce into the system issued on the "Consumer Protection Law Implementation Regulations (draft)" to solicit views on notice, which apply to the definition of the object "Consumer Law" the most attention: consumers life and consumption needs purchasing and using commodities or receiving services, their rights protected by this Regulation, but natural persons, legal persons and other organizations and later for commercial purposes, use of goods or services behavior does not apply to the regulations.
In the talk of the town seems as if the regulations can be implemented to take effect, with the claim for the purpose of professional fake will be curbed, especially for cases of counterfeiting label product packaging, and will also be substantially reduced.