Recently, the reporter learned from the Industry and Commerce Bureau of Nanjing, Jiangsu Province that among the ten typical cases investigated and dealt with by the Bureau of Fair Trading of the Bureau in 2011, three cases related to the automotive problem included three cases. These typical cases included the fraud of consumers by car sales companies. Unlicensed illegal processing and sales of retreaded tires, sales of trademark-infringing auto parts, etc., business sector through the evaluation of these cases, to operators, consumers warning.
Unauthorized replacement of engine fraud consumers [Case] ​​On July 17, 2011, the auto sales company sold an imported off-road vehicle to consumers for 1.165 million yuan. In handling the on-board formalities for consumers, the engine was inadvertently flooded and the cylinder was damaged. The business owner, without telling the consumer, changed the original engine of the car without permission, manually printed the engine number, and handled the delivery procedure. The behavior of the business constitutes the behavior referred to in Article 3, Article 13 of the “Proclamation of the Consumer’s Conduct for Fraudulent Actsâ€. The Business Sector’s Article 5 of the “Procedures for Punishing Consumers with Fraud†and Article 50 of the “Consumer Protection Act†The regulations were ordered to correct the illegal activities, and the unlawful proceeds were confiscated and fined.
[Prompt] The person in charge of the Fair Trade Bureau of the Nanjing Municipal Bureau of Industry and Commerce stated that car fraud cases have continued to increase, reflecting the chaos in China's auto sales, the absence of relevant administrative agencies, and the lag in legislation. As a vulnerable group, consumers should pay attention to the purchase of a car. First, they should add relevant rights protection clauses to the contract, or let the other party give corresponding promises; Second, they must keep a good list of the contract or mention a car.
Unlicensed illegal processing and sales of retreaded tires [Case] ​​Panmou hires another factory to process retreaded tires and sells it to the outside without processing approval from the industrial and commercial department. The refurbished tires processed and sold are not refurbished. The operating amount of the event is 45,000 yuan. The unauthorized sale of retreaded tyres by the parties involved in the sale of retreaded tyres violated the provisions of Article 7(1) of the “Provisional Regulations on the Management of Individual Industrial and Commercial Households in Urban and Rural Areasâ€. The sale of refurbished products without a retreaded product mark violated the “Circular Economy Promotion Law†No. 40 In accordance with the second paragraph of the article, the industrial and commercial department shall, in accordance with relevant regulations, order the parties to correct the illegal act, confiscate the illegal proceeds, and impose a fine.
[Prompt] The person in charge of the Nanjing Industry and Commerce Bureau stated that according to the second paragraph of Article 40 of the "Circular Economy Promotion Law," the quality of remanufactured products and refurbished products sold must meet the standards stipulated by the state and be marked in the prominent position as Remanufacturing or refurbishing products. 'The recycling of old products is certainly a good thing, but consumers' right to know is inviolable, and they should sign the 'remanufacturing or refurbishing product logo' prominently. '
Sales of trademark infringing auto parts ã€Case】The Nanjing industry and commerce department received a report and conducted a surprise inspection of Chen's facade and warehouse. During the inspection, 36 types of 17987 auto parts suspected of counterfeiting the Geely and Warp trademarks were found. Car accessories worth more than 80 million. The party sells merchandise that is known to be counterfeit registered trademark, and the sales amount reaches the prosecution standard of the economic crime case of the public security organ. The industrial and commercial department transfers the case to the public security organ.
[Prompt] Article 52, paragraph 2 of the "Trademark Law" stipulates that the sale of goods that infringe on the exclusive right to use a registered trademark shall be an infringement of the exclusive right to use the registered trademark: At the same time, according to Article 214 of the Criminal Law, the seller knows well. If it is a counterfeit registered trademark and the personal sales amount is more than 100,000 yuan, if the unit sales amount is more than 500,000 yuan, it shall be prosecuted. The person in charge of the Nanjing Industry and Commerce Bureau stated that the state has always attached great importance to combating infringement of intellectual property rights, intensified the crackdown on punishment, and reminded the majority of manufacturers and operators that they must abide by the law when selling goods, and strictly abide by our country’s protection of intellectual property rights. Related Laws.
Unauthorized replacement of engine fraud consumers [Case] ​​On July 17, 2011, the auto sales company sold an imported off-road vehicle to consumers for 1.165 million yuan. In handling the on-board formalities for consumers, the engine was inadvertently flooded and the cylinder was damaged. The business owner, without telling the consumer, changed the original engine of the car without permission, manually printed the engine number, and handled the delivery procedure. The behavior of the business constitutes the behavior referred to in Article 3, Article 13 of the “Proclamation of the Consumer’s Conduct for Fraudulent Actsâ€. The Business Sector’s Article 5 of the “Procedures for Punishing Consumers with Fraud†and Article 50 of the “Consumer Protection Act†The regulations were ordered to correct the illegal activities, and the unlawful proceeds were confiscated and fined.
[Prompt] The person in charge of the Fair Trade Bureau of the Nanjing Municipal Bureau of Industry and Commerce stated that car fraud cases have continued to increase, reflecting the chaos in China's auto sales, the absence of relevant administrative agencies, and the lag in legislation. As a vulnerable group, consumers should pay attention to the purchase of a car. First, they should add relevant rights protection clauses to the contract, or let the other party give corresponding promises; Second, they must keep a good list of the contract or mention a car.
Unlicensed illegal processing and sales of retreaded tires [Case] ​​Panmou hires another factory to process retreaded tires and sells it to the outside without processing approval from the industrial and commercial department. The refurbished tires processed and sold are not refurbished. The operating amount of the event is 45,000 yuan. The unauthorized sale of retreaded tyres by the parties involved in the sale of retreaded tyres violated the provisions of Article 7(1) of the “Provisional Regulations on the Management of Individual Industrial and Commercial Households in Urban and Rural Areasâ€. The sale of refurbished products without a retreaded product mark violated the “Circular Economy Promotion Law†No. 40 In accordance with the second paragraph of the article, the industrial and commercial department shall, in accordance with relevant regulations, order the parties to correct the illegal act, confiscate the illegal proceeds, and impose a fine.
[Prompt] The person in charge of the Nanjing Industry and Commerce Bureau stated that according to the second paragraph of Article 40 of the "Circular Economy Promotion Law," the quality of remanufactured products and refurbished products sold must meet the standards stipulated by the state and be marked in the prominent position as Remanufacturing or refurbishing products. 'The recycling of old products is certainly a good thing, but consumers' right to know is inviolable, and they should sign the 'remanufacturing or refurbishing product logo' prominently. '
Sales of trademark infringing auto parts ã€Case】The Nanjing industry and commerce department received a report and conducted a surprise inspection of Chen's facade and warehouse. During the inspection, 36 types of 17987 auto parts suspected of counterfeiting the Geely and Warp trademarks were found. Car accessories worth more than 80 million. The party sells merchandise that is known to be counterfeit registered trademark, and the sales amount reaches the prosecution standard of the economic crime case of the public security organ. The industrial and commercial department transfers the case to the public security organ.
[Prompt] Article 52, paragraph 2 of the "Trademark Law" stipulates that the sale of goods that infringe on the exclusive right to use a registered trademark shall be an infringement of the exclusive right to use the registered trademark: At the same time, according to Article 214 of the Criminal Law, the seller knows well. If it is a counterfeit registered trademark and the personal sales amount is more than 100,000 yuan, if the unit sales amount is more than 500,000 yuan, it shall be prosecuted. The person in charge of the Nanjing Industry and Commerce Bureau stated that the state has always attached great importance to combating infringement of intellectual property rights, intensified the crackdown on punishment, and reminded the majority of manufacturers and operators that they must abide by the law when selling goods, and strictly abide by our country’s protection of intellectual property rights. Related Laws.
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