Ten Typical Cases of Intellectual Property Protection by Procuratorial Organs in China in 2013

  editorial comment/note On April 22, the Supreme People’s Procuratorate held a press conference to introduce to the media the situation of procuratorial organs’ strengthening judicial protection of intellectual property rights in 2013, and announced ten typical cases of procuratorial organs’ protection of intellectual property rights in 2013. Among the 10 selected cases, there are 5 cases of copyright infringement, 3 cases of trademark infringement and 2 cases of trade secret infringement; There are 8 criminal cases, 1 civil protest case and 1 administrative protest case, involving many knowledge-based economic fields such as industrial technology, e-commerce and software information. In order to focus on the new progress made in the judicial protection of intellectual property rights by procuratorial organs and provide guidance for the correct application of laws in handling intellectual property cases in various places, this newspaper has compiled and published these ten typical cases, so please pay attention.

  Typical case 1

  The case of four people, including Yibo Company, Ward Company and Yu Zhihong, infringing trade secrets.

  Case fact: Guangdong Zhuhai Saina Printing Technology Co., Ltd. (hereinafter referred to as "Saina Company") was established in 2006. It is an innovative enterprise integrating R&D, manufacturing and sales of laser printers and other printing consumables. It has more than 330 proprietary technologies at home and abroad, and has won the title of "Global Leading Enterprise in General Laser Printing Consumables Industry", "2011 Forbes China Potential Enterprise" and "Guangdong Famous Brand Enterprise".

  From January to March, 2011, Yu Zhihong, the former executive deputy general manager of Seine Company, and others imitated the business model of Seine Company, and established Jiangxi Yibo Electronic Technology Co., Ltd. (hereinafter referred to as Yibo Company) and Guangdong Zhongshan Ward Company (hereinafter referred to as Ward Company), and established three companies dedicated to selling Yibo Company’s products in Hong Kong, the United States and Europe. Subsequently, Yu Zhihong joined Luo Shihe, former sales director of Seine Company, Li Yinghong, former product manager and Xiao Wenjuan, former product sales manager, to work in Yibo Company and Ward Company without going through the resignation formalities with Seine Company. When the four people left their jobs, they took away the business information of Seine’s customers privately, and through the analysis of the information, they formulated a targeted sales strategy and price system, and then dumped the products to Seine’s customers. The behavior of Yu Zhihong and others maliciously competing for customers of Seine Company has caused huge economic losses to the company, caused great difficulties in its production and operation, and caused the company to be on the verge of bankruptcy.

  Proceedings: On January 28, 2012, the public security organ applied to the procuratorial organ for approval to arrest the persons involved on suspicion of infringing trade secrets. On February 3 of the same year, Zhuhai City Procuratorate made a decision to approve the arrest; On June 6th, the case was transferred for review and prosecution. On July 9, 2013, Zhuhai Intermediate People’s Court made a second-instance judgment, and sentenced Yibo Company to a fine of 21.4 million yuan for the crime of infringing trade secrets; Ward Company fined 14.2 million yuan; Yu Zhihong and other four people were sentenced to fixed-term imprisonment ranging from six to two years, and each was fined from 1 million yuan to 100,000 yuan.

  Comments: This case was undertaken by the Intellectual Property Office of High-tech Zone of Zhuhai Procuratorate, Guangdong Province, the first independent intellectual property office in China. In view of the complexity of the case, inter-provincial crimes, many people involved, strong professionalism, and difficulties in investigation and evidence collection, the procuratorial organs promptly intervened and actively urged the public security organs to file a case for investigation and put forward targeted suggestions to guide the investigation. At the same time, they followed up the investigation activities throughout the process, so that the case could be successfully handled.

  The typical significance lies in the high amount of crimes, great harm and wide influence in this case. The successful handling of the case fully reflects the institutional and institutional advantages of the specialized handling mode of intellectual property cases of procuratorial organs, as well as the ability and determination of procuratorial organs to dare to supervise and be good at supervising major difficult and complicated cases and strictly perform their legal supervision duties according to law.

  Typical case 2

  Eight people including Ruichuang Company and Han Meng infringed copyright.

  Case fact: Since 2008, Han Meng, general manager and Han Hongchang, deputy general manager of Shanghai Ruichuang Network Technology Co., Ltd. (hereinafter referred to as "Ruichuang Company"), in order to promote the company’s 2345 navigation website, instructed employees Qian Wuxing, Luo Hua and others to make pirated operating systems such as "Radish Home" by illegally copying Microsoft’s Win-dows operating system software. And bind and integrate malicious code in pirated software, and increase the company’s website views, attract paid advertisements, load paid links, and gain huge illegal benefits by publishing download links and hiring people to distribute pirated CDs offline for free. After auditing, the 2345 website earned a total operating income of 23.87 million yuan for Ruichuang Company.

  Proceedings: In March 2011, Shanghai Public Security Bureau filed a case to investigate the case. Designated by the Municipal Procuratorate, the Procuratorate of Pudong New Area sent personnel to intervene in the investigation and guide evidence collection in advance. On June 4, 2012, the case was prosecuted. On February 4, 2013, the court in Pudong New Area fined Ruichuang Company 10 million yuan for copyright infringement, and sentenced Han Meng, Han Hongchang and others to prison terms ranging from three years to one year and six months, and each fined 1 million yuan to 100,000 yuan. This judgment is effective.

  Comments: The infringement in this case lasted for three years, involving 286 cities in 29 provinces (autonomous regions and municipalities directly under the Central Government), and the amount of infringing software and illegal business was extremely huge. The injured unit (Microsoft) had filed a civil compensation claim of 100 million yuan in this case.

  The typical significance is that the procuratorial organs did not handle the case, but extended the effect of handling the case. They not only actively carried out court education to urge the infringer to sincerely repent, but also tried their best to repair social relations and completely resolve the contradictions between the parties. Eight defendants bowed and apologized to the injured unit in court. After the trial, the defendant unit issued an apology statement through official website, and compensated the injured unit for 36 million yuan, obtaining the understanding of the injured unit. After the case was pronounced, the injured unit made a special trip to the procuratorate to express appreciation and gratitude to the judicial organs in China for their efforts and meticulous work style in cracking down on infringement and piracy.

  Typical case 3

  Jiafei Company sells counterfeit registered trademarks.

  Case fact: From October 2011 to February 2012, Gong Yingbing, the general manager of Chongqing Jiafei Trading Co., Ltd. (hereinafter referred to as "Jiafei Company") and Wang Ziquan, the legal representative of the company, conspired to buy Feitian Moutai with a registered trademark of Kweichow Moutai for profit. The latter two organized company personnel to sell the above-mentioned fake wine at the sales business meeting. Up to the time of the incident, Jiafei Company has sold 240 bottles of fake Feitian Moutai, with a total sales amount of 270,360 yuan; 128 bottles of fake Feitian Moutai that have not been sold (calculated by the average sold price, the value is 144,192 yuan).

  Proceedings: On March 15th, 2012, the Procuratorate of Yunyang County in Chongqing issued a procuratorial proposal to the County Bureau of Commerce, requesting that the clue of Jiafei Company’s case of selling fake Kweichow Moutai be transferred to the County Public Security Bureau. The county bureau of commerce then handed over the case clues to the public security organs. On March 28th, the county public security bureau filed a case for investigation on the crime of allegedly selling goods with counterfeit registered trademarks. After filing the case, the county procuratorate continued to track the investigation of the case and guided the county public security bureau to dig out the case of Xiao Moumou in Guizhou manufacturing and selling counterfeit Moutai. After obtaining the clue of Xiao Moumou’s case, the Ministry of Public Security directed Chongqing, Guizhou, Sichuan and other places to act in a unified way, and destroyed the dens for manufacturing and selling counterfeit Moutai in one fell swoop. On April 25, 2013, the county public security bureau requested the county procuratorate to approve the arrest of Wang Ziquan and Gong Yingbing. On April 28th, the procuratorate made a decision to approve the arrest. On July 10th, the case was prosecuted. After the second trial of the case, the court finally sentenced Jiafei Company to a fine of 200,000 yuan for selling goods with counterfeit registered trademarks, sentenced Wang Ziquan and Gong Yingbing to two years and six months in prison, and each fined 136,000 yuan. This judgment is effective.

  Comments: This is a case that successfully supervised the transfer of suspected criminal cases by administrative law enforcement agencies relying on the working mechanism of linking administrative law enforcement with criminal justice.

  The typical significance is that the procuratorial organs are not satisfied with supervising the transfer of cases of selling fake liquor, but continue to track the investigation of cases and guide the public security organs to dig out a major case of manufacturing and selling fake Moutai liquor across provinces. After the local public security organs reported to the Ministry of Public Security, the Ministry of Public Security directed the public security organs in Chongqing, Guizhou, Sichuan and other places to act in a unified way, destroying an inter-provincial source of manufacturing and selling fake wine in one fell swoop and expanding the effect of handling cases.

  Typical case 4

  Li Haitao and other three people violated trade secrets.

  Case fact: In August 2006, Li Haitao resigned from Qilu Pharmaceutical Co., Ltd. Before and after his resignation, Li Haitao obtained the production technology of ceftazidime and other drugs by illegal means. In August 2008, Li Haitao purchased the production process of cefminox from Jin Chao, an employee of Qilu Antie Pharmaceutical Co., Ltd. (hereinafter referred to as Qilu Antie Company). From the end of 2006 to 2010, Li Haitao illegally disclosed the production process of five drugs, including ceftazidime, to Zhao Yuxin, assistant director of Harbin Pharmaceutical Group Pharmaceutical Factory, and allowed them to be used. Knowing that the above-mentioned pharmaceutical production process was illegally obtained, Zhao Yuxin still carried out process test, technical reserve and process improvement in the General Pharmaceutical Factory of Harbin Pharmaceutical Group. It was identified that Li Haitao and Zhao Yuxin illegally disclosed and obtained ceftazidime and other five production processes, which caused economic losses of more than 2.46 million yuan for Qilu Antie Company, and Jin Chao’s illegal disclosure of cefminox production process caused economic losses of more than 1.14 million yuan for Qilu Antie Company. After the incident, Li Haitao compensated Qilu Antu Company for its economic loss of 600,000 yuan, and Jin Chao compensated Qilu Antu Company for its economic loss of 10,000 yuan.

  Proceedings: On October 27th, 2011, Licheng Branch of Ji ‘nan Public Security Bureau applied to the procuratorate for approval of the arrest of Li Haitao, Jin Chao and Zhao Yuxin on suspicion of illegally obtaining computer information system data. After examination, the procuratorial organ made a decision to approve the arrest of Li Haitao, Jin Chao and Zhao Yuxin on suspicion of infringing trade secrets. On June 8, 2013, Jinan Intermediate People’s Court made a second-instance judgment, and found Li Haitao, Jin Chao and Zhao Yuxin guilty of infringing trade secrets, and sentenced them to fixed-term imprisonment ranging from two years and six months to one year and three months respectively, and fined them.

  Comments: The victim Qilu Antie Company is a subsidiary of Qilu Pharmaceutical Factory, a well-known domestic pharmaceutical company, and the largest professional manufacturer of cephalosporin APIs in China. The case is complicated, professional, long in time span and difficult to obtain evidence.

  The typical significance is that in order to find out the facts of the case, the procuratorate not only carefully checked the evidence, but also detailed the outline of supplementary investigation, guiding the public security organs to collect, retrieve and fix the evidence, which laid a solid foundation for the successful handling of the case. In particular, the accurate identification of the nature of the case by the procuratorate has enabled the public security organs to adjust the direction of investigation and evidence collection in time and ensure the quality and effectiveness of cracking down on crimes.

  Typical case 5

  Case of copyright infringement by 19 people including Xinfeishi Company and Zheng Wuyue.

  Case fact: In December 2011, Zheng Wuyue and Zhang Xiulan contacted Guangdong Xinfeishi Laser Technology Co., Ltd. (hereinafter referred to as "Xinfeishi Company", a formal enterprise producing audio-visual products in Guangzhou, Guangdong Province) through Zhang Shaobo to produce 4,000 pirated CDs of the movie "Wolf Smoke Everywhere". Xinfeishi Company produced the pirated CD for Zhang Shaobo without the permission of the copyright owner Zhejiang Hengdian Film and Television Production Co., Ltd. Packed by Zheng Wuyue and Zhang Xiulan, the CDs were sold all over the country. After the incident, the public security organs seized more than 150,000 pirated CDs, master discs, disc cores and other illegal audio-visual products from Zheng Wuyue, Zhang Xiulan, Zhang Shaobo and their offline retailers, and frozen more than 3 million yuan in the accounts of the registered personnel.

  Litigation: The film Wolf Smoke Everywhere was shot by Zhejiang Hengdian Film and Television Production Co., Ltd. with an investment of 42 million yuan. After it was released on December 2, 2011, it was discovered that it was pirated on December 5. On December 6th, the Public Security Bureau of Dongyang City, Zhejiang Province filed an investigation on the copyright infringement of the movie "Wolf Smoke Everywhere", and arrested 19 pirated CD wholesalers Zhu Guoqing, Zhang Xiulan and Tang Shuigen, pirated CD retailer Pan Juzeng and their employees, and the staff of the pirated CD manufacturer Xinfeishi Company, destroyed 5 pirated CD dens and seized 4 pirated CD production lines. Dongyang City Procuratorate made a decision to approve the arrest of 17 of them on suspicion of copyright infringement (two others were released on bail pending trial). After the case was transferred for review and prosecution, the procuratorial organ additionally identified the unit criminal behavior of Xinfeishi Company. In September 2013, Dongyang City Court held a hearing on the case and adopted all the public prosecution opinions of the procuratorate, and sentenced the defendant unit to a fine of 2 million yuan for copyright infringement; Nineteen people including Zheng Wuyue, Zhang Shaobo and Zhang Xiulan were sentenced to fixed-term imprisonment ranging from four years and six months to ten months, and each was fined from 1 million yuan to 20,000 yuan.

  Comments: This case is jointly supervised by the Ministry of Public Security and the Ministry of Culture, and it is a case that seriously infringes on the development of local film and television culture industry. The case involves a wide range, many people, and the criminal links are complicated, which has attracted much attention from the society.

  The typical significance lies in that the procuratorial organs fully performed their procuratorial functions, intervened in investigation in time, guided evidence collection according to law, successfully prosecuted unit crimes, and urged the public security organs to completely destroy several dens selling pirated CDs all over the country, and urged some people involved in the case to surrender themselves. At the same time, the procuratorial organs also actively recovered more than 25 million yuan in economic losses for the injured enterprises.

  Typical case 6

  Zhu Jianjun infringed copyright and Luo Mingyong and other 13 people sold infringing copies.

  Fact of the case: In October 2011, Luo Mingyong, Ning Chuanyin and others conspired to set up a gang that illegally copied CFA textbooks with unified supply, unified purchase price, unified sales price and unified dividend sales (note: CFA is the abbreviation of "Certified Financial Analyst" or "Chartered Financial Analyst" and is the internationally recognized highest certificate of financial and securities industry) in order to gain illegal benefits. As of the time of the incident, Zhu Jianjun sold more than 20,000 sets of CFA textbooks illegally printed to Luo Mingyong and others, with a total sales amount of more than 1 million yuan. From January to March, 2012, the gang’s illegal income from selling illegally copied CFA textbooks totaled more than 1.3 million yuan. In July 2012, the public security organs seized 25,000 pirated CFA textbooks in the warehouse rented by Luo Mingyong.

  In addition, it was found that Ning Chuanyin illegally copied and sold ACCA teaching materials in collaboration with others without the authorization of the obligee (note: ACCA refers to "international certified public accountant" and is one of the most authoritative certificates in the field of accounting and finance in the world). Up to the time of the crime, Ning Chuanyin had sold 100 Yu Ben of illegally copied ACCA textbooks, making an illegal profit of more than 2,500 yuan. The public security organs seized 521 illegally copied ACCA textbooks that Ning Chuanyin had not yet sold.

  Proceedings: On June 8, 2012, Yangpu Branch of Shanghai Public Security Bureau filed a case for investigation. On August 22 and September 19, 2012, 14 people involved in the case were arrested with the approval of Yangpu District Procuratorate. On November 22nd, the case was prosecuted by Yangpu District Procuratorate. On February 1, 2013, Yangpu District Court sentenced Zhu Jianjun to three years and eight months in prison for copyright infringement and fined him 150,000 yuan. Thirteen people, including Luo Mingyong, were sentenced to fixed-term imprisonment ranging from one year and six months to eight months for selling infringing copies, and each was fined ranging from 70,000 yuan to 35,000 yuan. This judgment is effective.

  Comments: This case is the largest pirated textbook case seized in Shanghai in recent years. Fourteen people, including Zhu Jianjun and Luo Mingyong, formed a gang with unified supply, unified purchase price, unified selling price and unified dividends to illegally copy the teaching materials of certified financial analysts and international certified accountants. There are many people involved in the gang, and the division of labor among members is strict and the relationship is complex, so it is very difficult to obtain evidence.

  The typical significance lies in that, in view of the fact that intellectual property crimes are frequently occurring, the criminal methods are constantly changing, and the criminals’ ability to deal with criminal attacks is also increasing, some local procuratorial organs have set up professional teams or specialized agencies to strengthen the handling of such cases. During the handling of this case, the Yangpu District Procuratorate of Shanghai made full use of the advantages of the professional case handling mechanism, put forward opinions on the fixation of electronic evidence and the reinforcement of offline evidence, actively guided the investigation, and laid a solid foundation for the successful handling of the case.

  Typical case 7

  Zhongfu Electronics Company and Li Qiang case of copyright infringement.

  Case fact: In July 2011, the Education and Sports Bureau of pingdu city, Shandong Province invited public bidding to purchase computers, and Qingdao Zhongfu Information Industry Co., Ltd. (hereinafter referred to as "Zhongfu Information Company") won the bid. In September 2011, pingdu city Education and Sports Bureau signed a sales contract with Zhongfu Information Company, stipulating that Zhongfu Information Company was responsible for supplying goods and installing commonly used software free of charge. On September 20, 2011, Zhongfu Information Company entrusted Qingdao Zhongfu Electronics Co., Ltd. (hereinafter referred to as "Zhongfu Electronics Company") for installation. Li Qiang, the legal representative of Zhongfu Electronics Company, downloaded WindowsXP operating software and office(2003) office software from the Internet without the consent of Microsoft (China) Co., Ltd., and hired others to copy and install the downloaded software on 1076 computers. According to the appraisal, the WindowsXP operating software and office(2003) office software installed in Li Qiang are highly similar to those of Microsoft’s related genuine software files, accounting for more than 89% of them with the same binary, and the operating interface and software functions are the same.

  Proceedings: On March 11th, 2013, pingdu city Public Security Bureau transferred Li Qiang for review and prosecution for copyright infringement. On March 27th, pingdu city Procuratorate filed a public prosecution in this case. On May 2, the pingdu city court made a judgment, finding Zhongfu Electronics Company guilty of copyright infringement and fined 150,000 yuan; Li Qiang was convicted of copyright infringement and sentenced to two years’ imprisonment, suspended for two years, and fined 50,000 yuan. This judgment is effective.

  Comments: This case is a new type of copyright infringement case using pre-installed computer pirated software for profit.

  The typical significance is that this case is the first case in which a computer seller in China was sentenced for pre-installing pirated software. The successful handling of the case has set a precedent for criminal crackdown on pre-installed pirated software on hard disks. The procuratorial organ’s public prosecution opinion on determining the crime of copyright infringement by the number of pre-installed pirated software was finally adopted by the judicial organ, which provided a reference for investigating and punishing similar cases in the future. After the case was reported by domestic and foreign media, it received extensive positive comments.
  Typical case 8

  Xiao Zonghua’s case of counterfeiting registered trademarks and Chen Yuejiao’s case of selling counterfeit registered trademarks.

  Case fact: From 2010 to 2012, Taiwanese businessman Xiao Zonghua instructed others to organize a number of workers in Shantou City, Guangdong Province to produce counterfeit black sugar lollipops, and sold them to Chen Yuejiao and others, with a cumulative sales of more than 1.17 million yuan. Up to the time of the incident, Chen Yuejiao has purchased 155 counterfeit "plain-handed flowers" brown sugar lollipops from Xiao Zonghua for sale at a price of more than 70,000 yuan.

  Proceedings: On September 8, 2012, Huli Branch of Xiamen Public Security Bureau filed an arrest with Siming District Procuratorate of Xiamen for the crime of selling goods with counterfeit registered trademarks, such as Xiao Zonghua and Chen Yuejiao. On September 14th, the District Procuratorate arrested Xiao Zonghua on suspicion of counterfeiting registered trademarks and arrested Chen Yuejiao on suspicion of selling goods with counterfeit registered trademarks. On June 26, 2013, the district procuratorate filed a public prosecution on this case. On September 20th of the same year, the District Court sentenced Xiao Zonghua to four years and six months’ imprisonment and fined him 600,000 yuan. Chen Yuejiao was sentenced to six months’ imprisonment and fined 40,000 yuan for the crime of selling goods with counterfeit registered trademarks. This judgment is effective.

  Comments: This case is a key case supervised by the Ministry of Public Security, involving Fujian, Guangdong, Taiwan Province and other provinces. The infringed trademark is a well-known trademark in Taiwan Province, and the main person involved is from Taiwan Province, which has a great social impact.

  The typical significance is that the qualitative opinions put forward by the procuratorial organs in handling cases are supported by the court’s judgment, and they also put forward corrective opinions on the irregular law enforcement in investigation activities, which has achieved good results in handling cases.

  Typical case 9

  Tianjin Meat Joint Factory v. Song Xiaoman (civil protest case of copyright dispute)

  Case fact: Tianjin Meat Joint Processing Factory (hereinafter referred to as "Tianjin Meat Joint Factory") is a large state-owned enterprise engaged in pig slaughtering and meat product production. On January 13th, 1995, the factory began to use the image propaganda products of "cartoon pig". In 1999, Tianjin Meat Joint Factory signed an advertising agency release contract with Tianjin Mutual Advertising Co., Ltd. (hereinafter referred to as "Mutual Advertising Company"), stipulating that Mutual Advertising Company would act as the advertising agency of the factory from May 8 to June 6 of that year, and use the image of "cartoon pig" in TV advertisements. On May 31st, the product advertisement published by Tianjin Meat Joint Factory in "Tonight’s Evening News" and the patent certificates for the design of "sausage packaging bag" and "label (assured meat store)" obtained by the factory all used the cartoon pig. Since then, "cartoon pig" graphics have been widely used in product packaging, specialty store plaques, product advertisements and product transport carriages by Tianjin Meat Factory.

  On April 7th, 2010, Song Xiaoman registered the cartoon pig as a trademark. On August 27th of the same year, Tianjin Meat Joint Factory filed an objection application with the Trademark Office of the State Administration for Industry and Commerce. On February 20, 2012, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce ruled that the disputed trademark was revoked.

  On July 30, 2010, Song Xiaoman filed an application with the National Copyright Administration, requesting that his work "Dragon Pig Lele" (i.e. "Cartoon Pig"), which was completed on March 25, 1998, be given to copyright registration. On September 2 of the same year, the National Copyright Administration issued a copyright registration certificate to him.

  Proceedings: On July 14th, 2011, Song Xiaoman appealed to the Heping District Court of Tianjin on the grounds that the advertisement of Tianjin Meat Joint Factory infringed its copyright, demanding that Tianjin Meat Joint Factory stop the infringement and compensate for the losses. On April 10, 2012, the District Court ruled that Song Xiaoman’s claim was rejected. Song Xiaoman refused to accept and appealed. On September 17th, Tianjin No.1 Intermediate People’s Court, after hearing the case, held that the first-instance judgment was wrongly applied by law and revised it. Tianjin Meat Factory refused to accept the complaint and filed a complaint with the procuratorate. After examination, the Tianjin Procuratorate found that the facts identified in the final judgment lacked evidence, and filed a protest on December 3, 2012. On October 16, 2013, Tianjin No.1 Intermediate People’s Court found that the image of "cartoon pig" used by Tianjin Meat Joint Factory was legal and did not constitute infringement. The retrial judgment revoked the original final judgment and rejected Song Xiaoman’s claim.

  Comments: The focus of the dispute between the two parties in this case is whether the use of trademark graphics infringes copyright. After protest, the procuratorial organ corrected the mistake of the original final judgment.

  The typical significance is that the handling of this case is directly related to the people’s trust in well-known food brands. Procuratorial organs perform their civil litigation supervision duties according to law, accurately identify the facts of the case, and the protest opinions are supported by the court’s retrial judgment, which protects the legitimate rights and interests of obligees, maintains the normal market order and promotes the brand building of well-known enterprises.

  Typical case 10

  Wang Liang and Lin Jie v. Wuhan Administration for Industry and Commerce (administrative protest case of administrative compulsory measures)

  Case fact: In August, 2005, Wuhan Administration for Industry and Commerce of Hubei Province (hereinafter referred to as "Wuhan Administration for Industry and Commerce") received a report from Shanxi Yabao Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Yabao Company") that the "Ding Guibao Diarrhea Sticker" produced and sold by Wuhan Sanchu Technology Development Co., Ltd. (hereinafter referred to as "Sanchu Company") was suspected of infringing on the exclusive right of registered trademark of Yabao Company. After preliminary investigation, Wuhan Industrial and Commercial Bureau found that Sanchu Company’s behavior violated the relevant provisions of the Trademark Law and decided to file an investigation. On October 17th, 2005, Sanchu Company filed a trademark review application for the registered trademark "Ding Gui" with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. On December 16, 2005, Wuhan Administration for Industry and Commerce lifted the compulsory seizure measures according to the relevant regulations of the State Administration for Industry and Commerce and after Sanchu Company provided a guarantee. On January 27, 2006, the Trademark Office of the State Administration for Industry and Commerce made the Reply on Issues Concerning the Trademark of "Ding Gui". On February 16th, 2006, according to the reply, Wuhan Administration for Industry and Commerce issued the Notice of Detaining Property, with Sanchu Company being suspected of producing and selling infringing goods. Sanchu Company refused to accept the decision and applied to Wuhan Municipal Government for administrative reconsideration. The reconsideration organ makes a reconsideration decision to maintain the original specific administrative act.

  Proceedings: On April 29th, 2006, Sanchu Company filed an administrative lawsuit in Jianghan District Court of Wuhan, requesting an order to cancel the Notice of Holding Property made by Wuhan Administration for Industry and Commerce on February 16th. On June 30th, the District Court ruled to suspend the lawsuit on the grounds that "the basic administrative act of the accused specific administrative act has been brought by the plaintiff, and the trial in this case must be based on the trial result". On June 11th, 2009, Sanchu Company was approved for cancellation. On December 14th, the shareholders of the original company, Wang Liang and Lin Jie, continued the lawsuit as successors of rights and obligations. On December 21st, the first-instance judgment of the District Court found that the evidence of compulsory seizure measures of the Municipal Administration for Industry and Commerce was insufficient and should be revoked according to law. The Municipal Administration for Industry and Commerce refused to accept the appeal. On October 25, 2010, Wuhan Intermediate People’s Court made a final judgment to uphold the original judgment. The Municipal Administration for Industry and Commerce refused to accept the final judgment, and filed a complaint with the Wuhan Procuratorate on December 22, 2011, requesting to cancel the judgment of the second instance and maintain the Notice of Detaining Property made by it. After examination, the Wuhan Municipal Procuratorate considered that the judgment of the second instance was wrong, so it submitted a protest to the Hubei Provincial Procuratorate on June 26, 2012. On January 8, 2013, the Provincial Procuratorate lodged a protest with the Provincial High Court. After accepting the protest, the Hubei Provincial High Court ordered the Wuhan Intermediate Court to retry. The Wuhan Intermediate People’s Court held that the reason for the protest by the procuratorial organ was established, and the original judgments of first instance and second instance were revoked.Reject the claims of Wang Liang and Lin Jie.

  Comments: One party in this case refuses to accept the administrative compulsory measures taken by the administrative department for industry and commerce against the property suspected of infringing the exclusive right to use trademarks, and brings an administrative lawsuit. First, the court of second instance ruled that the Industrial and Commercial Bureau lost the case. After the procuratorial organ protested according to law, the court changed the sentence after retrial.

  The typical significance is that this case happened in the field of drug supervision closely related to people’s lives, health and property safety, and the trademark brand involved enjoys a high reputation in China and has a great social impact. The procuratorial organs exercised the right of administrative protest in time according to law, which prompted the court to retry and change the judgment, and supported the administrative protection of the trademark exclusive right of the obligee by the administrative department for industry and commerce. (Manuscript Coordinator: Our reporter Xu Yingyan)

 

Strengthen the supervision of prevention and control of infectious diseases in schools and implement "daily report" and "zero report" on the health status of faculty and students

  CCTV News:The National Health and Wellness Commission recently issued a notice on further strengthening the supervision of the prevention and control of infectious diseases in schools. The notice pointed out that all localities should comprehensively check the implementation of the prevention and control of infectious diseases in schools in accordance with the unified deployment requirements of local epidemic prevention and control work.

  The circular requires that for primary and secondary schools that have resumed classes in their jurisdiction, they should comprehensively inspect the implementation of the responsibilities of reporting persons on infectious diseases, as well as the formulation and implementation of emergency plans for infectious diseases, reporting systems, morning and afternoon check-up systems for students, and registration and tracking systems for absenteeism due to illness, and focus on the supervision and inspection of the formulation and implementation of COVID-19 epidemic prevention and control system measures in the plan for resuming classes.

  For colleges and universities where students have returned to school or started to return to school, we will focus on the supervision and inspection of the formulation and implementation of institutional measures such as health screening, monitoring and management of COVID-19 epidemic prevention and control in the return-to-school program, especially the cross-regional return-to-school control measures for students.

  All localities should supervise schools to implement the system of "daily report" and "zero report" on the health status of faculty and students, and urge schools to do a good job in health tips, health management, classroom ventilation and disinfection, and drinking water sanitation management. Inspection found that the school failed to establish and implement the system and measures for the prevention and control of infectious diseases in accordance with the regulations, especially if there are problems and hidden dangers in the implementation of the measures for the prevention and control of epidemic situation in COVID-19, the school should be ordered to establish and reform; If there are violations of laws and regulations in schools, they should be severely punished according to law.

Smugglers used a modified car "airplane" to transport smuggled cigarettes worth 3.316 billion yuan.

  CCTV News:Zhanjiang Customs and Zhanjiang Tobacco Monopoly Bureau took a harmless approach on the 22nd, publicly and intensively destroying about 430,000 smuggled and confiscated cigarettes including Marlboro, Aixi, Nanyang Double Happiness and other brands, with a value of over 600 million yuan.

 

  More than 40 kinds of smuggled and confiscated cigarettes, including Marlboro, Aixi, Nanyang Double Happiness and other domestic and foreign brands, were collectively destroyed, all of which were seized and confiscated by Zhanjiang Customs in recent years in the crackdown on smuggling. Smugglers generally smuggle cigarettes into the country by bypassing the customs, using modified cars to transport them, and smuggling is organized and specialized.

 

  Case handlers of Zhanjiang Customs Anti-smuggling BureauIn order to pack more cigarettes, he will remove the seat and the armrest in the back row and even install some load-bearing spring steel beams in the lower part of the car.

  In recent years, Zhanjiang Customs has cracked a series of extraordinarily large cigarette smuggling gang cases, among which 220,000 boxes of cigarettes were involved in the "1.23" extraordinarily large cigarette smuggling case, with a case value of 1.08 billion yuan, and 16 people were transferred for prosecution; The "7.16" extra-large cigarette smuggling case involved 503,700 boxes of smuggled cigarettes, with a case value of 3.316 billion yuan. 96 suspects were arrested and 70 people were transferred for prosecution. This case was the largest cigarette smuggling case seized by the national customs in recent years and was also listed as one of the top ten classic anti-smuggling cases of the national customs in that year.

  Chen Zhifeng, Deputy Commissioner of Zhanjiang Customs: "We insist on cracking down on gangs and destroying the network. Since 2017, we have carried out a total of 42 special actions to crack down on cigarette smuggling and seized 117 cases, which has played a role in cracking down on one side and shocking one side. Today, we held a major special event to destroy smuggled cigarettes, highlighting the achievements and strong determination of the customs and law enforcement units to resolutely crack down on smuggled cigarettes. "

  It is understood that today’s destruction of smuggled and confiscated cigarettes was carried out in a bio-power plant in Zhanjiang. After burning more than 430 thousand cigarettes to generate electricity, it can generate about 142 thousand kwh of electricity, which can be used by 71 urban families for one year.

  Specialized cigarette smuggling gangs have a clear division of labor.

 

  A large part of the confiscated smuggled cigarettes destroyed in Zhanjiang came from the "7.16" smuggling cigarette case that was uncovered a few days ago. Zhanjiang Customs not only destroyed a large cigarette smuggling criminal network, but also destroyed 18 customs clearance, transportation and other related gangs and arrested 96 suspects, involving a total value of 3.316 billion yuan.

  In the whole process of smuggling cigarettes, criminal gangs in all links are well organized, with clear division of labor and obvious professional characteristics. They are profitable in the whole smuggling chain, and the gangs have gradually formed a long-term cooperation and risk-sharing interest alliance.

  "airplane boy": wantonly smuggling and breaking through the customs

 

  In the investigation, the anti-smuggling personnel of Zhanjiang Customs found that smuggled cigarettes were generally smuggled in from Dongxing and other border areas on the border between Guangxi and Vietnam. These smuggled cigarettes are transported to Guangdong by transport vehicles, which are commonly known as "airplane boys". Many modified vans, off-road vehicles and other vehicles have been parked in the warehouse specially used by Zhanjiang Customs to store smuggled goods. Anti-smuggling personnel told reporters that these vehicles are commonly known as "airplane children" because they are all equipped with fake license plates when pulling goods and they are running rampant on the road.

  In order to ship more goods, the suspect also carefully modified the car.

  Cao Jianing, Deputy Section Chief, Investigation Division I, Zhanjiang Customs Anti-smuggling Bureau: "Remove it all like this, so that it can fill more smuggled goods. For example, in some corners, it can be disassembled into strips and stuffed inside. Then, in the middle of the front row and the back row, it will hang a crossbar, draw a curtain on it and cover it with a black cloth, so that the window has an explosion-proof film and the front is blocked with black cloth."

  Recently, the anti-smuggling department of Zhanjiang Customs cooperated with local functional departments to carry out an anti-smuggling operation in land transit. During the anti-smuggling operation, anti-smuggling personnel found some new trends in transporting smuggled cigarettes. Smugglers make an appointment to contact drivers through the APP network car rental platform, and use the vehicles of logistics companies to transport smuggled cigarettes. Make an appointment for the driver to pull the goods through the APP platform.

Shanghai International Travel Health Care Center: Starting from next week, it will gradually resume entry-exit physical examination and other services.

From May 23, 2022, Shanghai International Travel Health Care Center (No.15 Jinbang Road) will gradually resume entry-exit physical examination and vaccination services.

The external business of Pudong Branch of Shanghai International Travel Health Care Center (No.2090 Jinqiao Road) will also be resumed in an orderly manner in the near future. Please pay attention to the website and APP announcement of this center.

The relevant matters needing attention in handling business are hereby notified as follows:

1. The entry-exit physical examination and vaccination business of the center shall be fully booked.

(1) For services such as "Exit Physical Examination for China Citizens (Studying Abroad)", "Health Assessment for Immigrants to the United States", "Tuberculosis Screening Physical Examination for Visa to Britain", "Tuberculosis Screening Physical Examination for Visa to Korea" and "Entry Physical Examination for Overseas Personnel", please visit our website (https://online.shhg12360.cn/sithc) or APP "business acceptance" section, select the corresponding channel to make an appointment. If you have the reservation voucher for the central business on April 1 and 2, 2022, you can also come to the center to handle the above business without an appointment with the reservation information.

(2) Please call 021-62683085 after May 23rd to make an appointment for the business of "Health Assessment of Visa to Australia", "Health Assessment of Visa to Canada" and "Health Assessment of Visa to New Zealand".

2. In order to effectively prevent and control the epidemic situation and protect the life safety and physical health of entry-exit personnel, if you live in a closed control area, a control area and a medium-high risk area, or are in an isolated observation period or a health monitoring period, or have unwell symptoms such as fever and dry cough, or your roommate has been diagnosed/asymptomatic infected in COVID-19 in the past 14 days, or comes from/passes through the prefecture-level city (autonomous region, municipality directly under the Central Government, key concern area)

3. Please bring the negative nucleic acid report within 48 hours (nucleic acid within 48 hours based on the sampling time), valid identity documents and appointment vouchers when entering the center, and cooperate with the entry epidemic prevention verification and scanning."place code"And cooperate with information registration, epidemiological investigation and temperature measurement.    

When you arrive at the entrance of the center, please scan it with the application/WeChat/Alipay."place code", you can display the application code and nucleic acid detection. If there is no 48-hour negative nucleic acid test result, the center will not accept the business.

4. Entry personnel, please come to handle business after the expiration of the 14-day isolation period and 7-day community health monitoring period, with the proof of lifting the isolation, the nucleic acid test report within 48 hours and the medical examination appointment certificate.

5. Anyone who enters the center should wear masks all the time, avoid using masks with breathing valves, and keep a social distance.

6. In order to avoid the risk of cross-infection, the accompanying personnel are refused to enter.

7. All personnel entering the center should cooperate with the arrangement and guidance of epidemic prevention staff.

8. Friendly reminder: If you can’t sign in on time after your successful appointment, please cancel your appointment in time so as not to affect your next appointment.

Thank you for your support and cooperation!

Shanghai International Travel Health Care Center

(Shanghai Customs Port Outpatient Department)

May 19, 2022

Reopen notice

The business of physical examination and vaccinationon No. 15 Jinbang Road will be  gradually reopened since May 23, 2022.

Please pay attention to the announcement via website and APP about the reopening time of our Pudong branch(No. 2090 Jinqiao Road).

Relevant precautions are notified as follows.

1. Appointment is necessary for physical examination and vaccination.

(1) Please make an appointment via website (https://online.shhg12360.cn/sithc)or  APP for the reservation of U.S. immigrant medical examination, U.K. pre-entry TB screening program, Korea pre-entry TB screening program,  health examination or/ and vaccination for Chinese students studying abroad and health administration for foreigners. If you have made an appointment on April 1st and 2 2022, please come to our center with the appointment information after May 23 without making any new appointment.

(2) Please call 021-62683085 after May 23 for the reservation of visa medical examination of Australian, Canada and New Zealand.

2. For the sake of the health of related contacts and in accordance with current municipal epidemic prevention and control policy, please do not come to our center for the physical examination and vaccination if you have following situations.

(1) Stay in enclosed areas, control areas and mediumand high risk areas.

(2) In the period of isolation observation.

(3) In the period of health monitoring.

(4) Symptoms of fever and dry cough.

(5) Your roommate has been diagnosed as COVID-19 or asymptomatic infection in the past 14 days.

(6) Less than 14 days after arriving in Shanghai from medium and high risk areas.

3. Negative report of COVID-19 nucleic acid test within 48 hours based on the time of sampling, valid ID card and reservation are necessary to enter our center. Please scan the "site code" by app of wechat or alipay and cooperate with the entrance epidemic prevention verification including information registration, epidemiological investigation and temperature measurement.

4. After the expiration of the 14-days isolation period and 7-days community health monitoring period, foreigners should bring the supporting documents for the release of isolation, nucleic acid test report within 48 hours and physical examination reservation for the health examination.

5. Please wear masks without breathing valves throughout the process in our center and keep social distance.

6. In order to avoid the risk of cross infection, accompanying persons are not allowed to enter our center.

7. Please cooperate with the guidance of epidemic prevention staff.

8. If you can’t sign in on time after making a successful appointment, please cancel the appointment in time for the next appointment. 

Thanks for your cooperation.

Shanghai International Travel Healthcare Center

(Shanghai Customs Port Clinic)

2022/5/19

(Original title: Announcement on Orderly Resuming Entry-Exit Physical Examination and Vaccination)

Saic’s sales in the first four months dropped by 17%, and 400,000 vehicles were sold less. The net profit of single-season revenue fell by more than 15%, the worst in recent 10 years.

  Changjiang Business News ● Changjiang Business Daily reporter Huang Cong

  With the monthly sales report, Chen Hong may be on pins and needles, and Wang Xiaoqiu doesn’t know whether he is happy or sad, while SAIC has fallen into the worst performance moment in the past 10 years.

  Last night, SAIC released production and sales data showing that in April 2019, SAIC sold 456,800 vehicles, a year-on-year decrease of 19.73%; In the first four months, the cumulative sales volume was 1.989 million vehicles, a year-on-year decrease of 16.8%. This means that compared with 2,391,500 vehicles in 2018, SAIC’s sales in the first four months decreased by 400,000 vehicles.

  According to the statistics of Changjiang Business Daily reporters, the sales of SAIC Volkswagen, Shanghai GM and SAIC-GM-Wuling have declined collectively for seven consecutive months, with SAIC-GM-Wuling having the largest decline. The data shows that the sales volume of SAIC-GM-Wuling has been declining for eight consecutive months, and 193,100 vehicles were sold less in the first four months of 2019.

  Not only that, the first quarterly report of 2019 disclosed by SAIC showed that the company’s revenue fell by 16.2% and its net profit fell by 15%. This is also the biggest quarter in which SAIC’s revenue and net profit have fallen in the past 10 years since the first quarter of 2009.

  At present, Wang Xiaoqiu, the general manager of SAIC Passenger Cars, is regarded as the "best successor" of Chairman Chen Hong. Wang Xiaoqiu, who has been at the helm of SAIC passenger cars for five years, is facing a "second crisis", with its investment of nearly 10.4 billion yuan in two factories or falling into a situation of "no cars to build".

  The decline of SAIC’s sales volume is synchronized with the whole country.

  SAIC ranks seventh in the global automobile industry and first among China automobile enterprises.

  SAIC, which also held the "growth line" in 2018, has "gone with the flow" in 2019, and the speed of sales decline has exceeded industry expectations.

  In the 2018 annual report, SAIC also confidently stated that in the face of the cold winter in the auto market, the Group’s vehicle sales achieved a strong contrarian trend and its business performance continued to make steady progress.

  The data shows that SAIC achieved vehicle sales of 7.052 million units in 2018, up 1.8% year-on-year, 5.6 percentage points higher than the overall market growth rate. Among them, the sales of passenger cars were 6.162 million, down 0.4% year-on-year, and the sales of commercial vehicles were 889,000, up 19.8% year-on-year (general commercial vehicles excluding mini-cars increased by 22.8% year-on-year).

  In 2018, SAIC’s domestic market share reached 24.1%, a significant increase of 1 percentage point year-on-year. Almost every four cars sold in the country, one belongs to SAIC.

  Today, SAIC’s "sense of superiority" has disappeared.

  Last night, the latest sales data released by SAIC showed that in April 2019, SAIC sold 456,800 vehicles, a year-on-year decrease of 19.73%. The cumulative sales volume of SAIC in the first four months was 1.989 million units, a year-on-year decrease of 16.8%. This means that compared with 2,391,500 vehicles in 2018, SAIC’s sales in the first four months decreased by 400,000 vehicles.

  On May 8, the latest automobile sales data released by the Association showed that in April, the average daily retail sales of domestic passenger car manufacturers was 44,275, which is expected to drop by 18% year-on-year, and the sales volume continued to drop. The average daily wholesale sales of passenger car manufacturers was 43,763, down 22% year-on-year. From this point of view, the sales volume of SAIC has been synchronized with the whole country.

  Sales of "Troika" are in a declining stage.

  Poor sales directly affected the performance of SAIC.

  The first quarterly report of 2019 disclosed by SAIC shows that the company’s total operating income in the first quarter of this year was about 200.19 billion yuan, down 16.2% year-on-year; The net profit attributable to shareholders of listed companies was about 8.25 billion yuan, down 15% year-on-year; The net profit attributable to shareholders of listed companies after deducting non-recurring gains and losses was about 7.6 billion yuan, down 13.9% year-on-year.

  According to the statistics of the Changjiang Business Daily reporter, this is also the quarter in which SAIC’s revenue and net profit dropped the most in the 10 years since the first quarter of 2009.

  SAIC Volkswagen, Shanghai GM and SAIC-GM-Wuling are the "Troika" of SAIC Group’s sales volume, and they are currently in the stage of collective decline.

  Among them, SAIC Volkswagen sold 143,200 vehicles in April 2019, down 10.5% year-on-year; In the first four months, the cumulative sales were 611,100 vehicles, down 9.21% year-on-year. SAIC-GM sold 125,500 vehicles in April, a year-on-year decrease of 26.68%; In the first four months, the cumulative sales were 552,400 vehicles, down 16.61% year-on-year. SAIC-GM-Wuling sold 105,700 vehicles in April, down 30.78% year-on-year; In the first four months, the cumulative sales were 534,700 vehicles, down 26.53% year-on-year.

  According to the statistics of Changjiang Business Daily reporters, the sales volume of "Troika" of SAIC Group has declined collectively for seven consecutive months. In the 2018 annual report, SAIC stated that it will strive to achieve 7.1 million vehicle sales in 2019. According to this goal, the sales volume of SAIC only needs to increase by 48,000 vehicles, with an increase rate of 0.68%, which is less than the actual growth rate in 2018. According to the current decline, SAIC’s annual sales of 6 million vehicles has become the most realistic goal.

  Although both revenue and net profit declined, and the decline in sales also felt the market rhythm, many brokers still rated SAIC as overweight. The research report issued by Zhongtai Securities pointed out that SAIC, as a leading vehicle enterprise, has a solid position as a joint-venture brand, and its own brands have also achieved fruitful research and development and new four modernizations. With a strong spare parts supply system, the industry recovery company is expected to benefit first and be given an "overweight" rating.

  SAIC-GM-Wuling sold less than 190,000 vehicles.

  Among the "Troika", the decline speed of SAIC-GM-Wuling is particularly obvious.

  According to the statistics of Changjiang Business Daily reporters, in the first four months, among the 10 car companies of SAIC, the sales volume of Shenwo bus dropped by 97.65%. However, the sales of Shenwo bus in the first four months were only two, which is not worth mentioning. In addition to Shenwo Bus, SAIC-GM-Wuling ranked first with a 26.53% decline, with 193,100 vehicles sold less in four months.

  As the "helmsman" of SAIC-GM-Wuling, Shenyang has brought the car company into the most prosperous period since it became the general manager in 2002. In 2005, its sales exceeded 300,000 vehicles, and in 2009, it exceeded 1 million vehicles.

  In 2014, Baojun brand launched Baojun 730, and SAIC-GM-Wuling began to impact the low-end passenger car market. With the continuous launch of products, new models quickly occupy the low-end car market of MPV and SUV. In 2015, the sales volume exceeded 2 million, and SAIC-GM-Wuling became a giant among car companies.

  Shenyang, born in 1961, is now 58 years old and about to retire. At this time, SAIC-GM-Wuling is likely to become a regret in his career.

  In 2017, the sales volume of SAIC-GM-Wuling was 2.15 million, reaching an all-time high. However, after entering 2018, the sales volume of SAIC-GM-Wuling dropped sharply, and the "halo" of many star models disappeared, and the "God Car" also showed signs of falling into the altar.

  In 2018, the sales volume of SAIC-GM-Wuling was 2,071,600 units, down 3.65%. Among the Troika, the sales of SAIC-GM-Wuling declined the most.

  According to the statistics of Changjiang Business Daily reporters, since July 2018, the sales of SAIC-GM-Wuling have continued to decline year-on-year, which has been declining for eight consecutive months. In the first four months of 2019, SAIC-GM-Wuling sold less than 193,100 vehicles, which became the "culprit" of the decline in sales of SAIC.

  Wang Xiaoqiu, the successor, suffered a "second crisis"

  Shenyang is not the only senior executive of SAIC to retire. Chairman Chen Hong and President Chen Zhixin are among them.

  According to the data, Chen Hong, chairman of SAIC, was born in March 1961, and Chen Zhixin, president, was born in May 1959. According to the current retirement policy, Chen Zhixin has reached the retirement age of 60.

  At present, Wang Xiaoqiu, general manager of SAIC Passenger Cars, is also regarded as the "best successor" of Guangzhou Automobile Group. Although he is a "star of tomorrow", even if Wang Xiaoqiu takes over, life is doomed to be difficult.

  At the same time, Wang Xiaoqiu, who has been at the helm of SAIC passenger cars for five years, is facing a "second crisis", which is related to its blind expansion of production capacity.

  According to the statistics of the Changjiang Business Daily reporter, two factories with an investment of nearly 10.4 billion yuan in SAIC passenger cars will be completed and put into operation in 2019, with an annual production capacity of 480,000 newly built vehicles. As a result, the annual production capacity of SAIC passenger cars will reach 1.16 million, which is more than 70% higher than the original level.

  In the first three months of 2019, the sales volume of SAIC passenger cars continued to decline, with a cumulative year-on-year decrease of 17.5%. Xiao Yue, an industry insider who has been engaged in automobile research for a long time, judged that the sales volume of SAIC passenger cars reached 600,000 in 2019, which became the goal of "guaranteeing the bottom". As a last resort, SAIC recently announced that it will set up a 3 billion yuan reward to support the trade-in of vehicles with emission standards of Grade III and below in Shanghai and reduce prices in disguise.

  A large number of expansions have suffered a decline in sales. According to the statistics of Changjiang Business Daily, if the annual sales volume is 600,000 vehicles, in 2019, the sales volume of SAIC passenger cars will drop by 14.52% year-on-year, and the capacity utilization rate will be only 52%, resulting in a serious overcapacity. More seriously, the existing annual production capacity of SAIC passenger cars is 680,000, which can meet the current sales demand, while the newly-built factory may fall into a situation of "no car to build".

  Xiao Yue believes that the blind expansion of production capacity of SAIC passenger cars exposes the lack of management ability of management, which in turn misjudges the market.

Release the potential of household consumption and consolidate the momentum of consumption recovery —— Multi-sector detailed explanation of some measures to promote household consumption

  Xinhua News Agency, Beijing, July 18th Title: Release the potential of household consumption and consolidate the momentum of consumption recovery — — Multi-sectoral detailed explanation of some measures to promote household consumption

  Xinhua News Agency reporters Pan Jie and Xie Xiyao

  Household consumption involves many fields, the upstream and downstream chains are long, and the scale and volume are large. Taking targeted measures to boost it is conducive to driving household consumption growth and economic recovery. Recently, the Ministry of Commerce and other 13 departments issued a number of measures to promote household consumption, and put forward 11 specific measures from four aspects: vigorously improving the quality of supply, actively innovating consumption scenarios, effectively improving consumption conditions, and striving to optimize the consumption environment.

  At the the State Council policy briefing held on the 18th, the responsible persons of relevant departments introduced the situation of "promoting household consumption and expanding domestic demand".

On July 18th, the State Council Press Office held a routine briefing on the State Council policy in Beijing, and invited Vice Minister Sheng Qiuping, Director of Consumption Promotion Department Xu Xingfeng, Director of Consumer Products Industry Department of Ministry of Industry and Information Technology He Yaqiong, Director of Real Estate Market Supervision Department of Ministry of Housing and Urban-Rural Development Zhou Tao and Director of Quality Supervision Department of General Administration of Market Supervision Wang Shengli to introduce the situation of "promoting household consumption and expanding domestic demand" and answer reporters’ questions. Xinhua News Agency (photo by Liu Jian)

  Promote home consumption to be green, intelligent and suitable for aging.

  "The overall consideration is to be green, intelligent and aging-friendly ‘ Power point ’ Improve the quality of supply, innovate consumption scenarios, improve consumption conditions, optimize the consumption environment, unblock points, solve difficulties, cure pain points, and promote the recovery and upgrading of household consumption. " Sheng Qiuping, Vice Minister of Commerce, said.

  First, pay attention to policy coordination and linkage. A number of measures will promote the organic integration of household consumption with policies such as the renovation of old residential quarters, the aging renovation of houses, the construction of a quarter-hour convenient living circle, and the improvement of the recycling network of waste materials, thus forming a joint force to promote consumption.

  The second is to insist on both ends of supply and demand at the same time. A number of measures are proposed to support enterprises to speed up the research and development of smart home products, carry out reverse customization of home products, promote the interconnection of smart home equipment, support the aging renovation of homes, support the renovation of old houses and local renovation, and strive to improve the quality and level of supply.

  The third is to accelerate the development of green and low-carbon cycle. Several measures are put forward to expand the sales of green household products, promote the circulation of second-hand household products, improve the recycling network of waste household appliances and furniture, and open up the whole chain of new household products sales, recycling of second-hand products and recycling of waste products.

  The fourth is to focus on building a "big home" ecosystem. Several measures adhere to the system concept, encourage home furnishing enterprises to strengthen the coordination of industrial chain and supply chain, and provide consumers with one-stop and full-scene home solutions.

  Promote the upgrading of home furnishing industry and consumption.

  At present, household consumption presents the trend of customization, intelligence, greening and health. He Yaqiong, director of the Consumer Products Industry Department of the Ministry of Industry and Information Technology, said that in recent years, household consumption has become the second largest household expenditure after automobiles, and the market space is very large.

  He said that the next step will focus on excellent supply, strong industry, expanding consumption and promoting development, and continue to cultivate 15 characteristic clusters with a scale of 30 billion yuan to lead the high-quality development of the home industry; Focus on consumption hotspots such as smart home and silver-haired economy, and promote more than 150 functional, green and intelligent home products every year; Continue to cultivate a number of service-oriented home manufacturing demonstration enterprises and platforms, so that more high-quality and cheap home products can benefit the general public.

  Xu Xingfeng, Director of the Consumption Promotion Department of the Ministry of Commerce, said that the Ministry of Commerce will organize a nationwide "home rejuvenation consumption season" campaign, cooperate with all parties to build a docking platform for production and marketing, optimize consumption supply, strengthen the linkage between the central and local governments, strengthen the coordination between government and enterprises, open up online and offline, give full play to the role of exhibitions, and release the potential of home consumption.

  In terms of ensuring the quality of household products, Wang Shengli, head of the Quality Supervision Department of the State Administration of Market Supervision, said that in the first half of this year, the national market supervision departments investigated and dealt with more than 6,600 cases of illegal quality of furniture and building decoration materials, household appliances and electrical accessories, and confiscated more than 35 million yuan, and 12 cases were transferred to judicial organs.

  "We will continue to intensify our efforts in household product standards, certification, quality and safety and price supervision, and strive to ensure the quality of household products, maintain market order and protect the legitimate rights and interests of consumers." Wang Shengli said.

  Provide more services and convenience for home consumption.

  Residential quarter is the main space for residents’ life, and the main scene of home consumption is also in the quarter. "Promoting the renovation of old residential areas, the aging renovation of houses, and the construction of convenient living circles are of great significance for promoting household consumption and improving the quality of life of residents." Zhou Tao, head of the real estate market supervision department of the Ministry of Housing and Urban-Rural Development, said.

  A number of measures issued this time propose to continue to support residents in old urban communities to withdraw housing provident fund for the renovation of self-occupied housing such as installing elevators, and the scope of policy support is extended to the renovation of self-occupied housing for both parents and spouses.

  Zhou Tao said that all localities will be encouraged to combine the renovation of old residential areas and support residents to carry out renovation and partial upgrading of old houses; Strengthen technical guidance to improve the level of home aging; Promote the construction of community convenience business service facilities and develop community convenience services; Improve the recycling network of waste materials and effectively improve consumption conditions.

  "Create a model room for renovation and partial renovation of old houses, and launch affordable product and service packages", "Encourage qualified residential quarters to use idle houses to set up temporary storage places for household appliances and furniture, which is convenient for residents to carry out renovation", "Promote the standardized setting of waste furniture and decoration garbage drop points in residential quarters, and promote online reservation for collection and transportation" … … Several measures put forward a series of measures to benefit the people and solve the pain points related to the decoration of second-hand houses.

  Xu Xingfeng said that in addition to creating "model rooms", developing "storage rooms" and setting up "recycling stations", the document also specifically mentioned that the enthusiasm of grassroots organizations such as neighborhood committees and communities should be fully mobilized; Encourage financial institutions to strengthen credit support for household consumption under the premise of legal compliance and controllable risks. "In short, provide more services and convenience and fully release the potential of home consumption."

Promoting patent application with open licensing system

  On October 17th, the 22nd meeting of the 13th the NPC Standing Committee adopted the Decision of the NPC Standing Committee on Amending the Patent Law of People’s Republic of China (PRC). Among them, the revision of Chapter VI of the Patent Law to "Special License for Patent Exploitation" not only conforms to international rules, but also preserves the original compulsory license system. According to the needs of China’s market players and innovation players, and referring to foreign legislation, the relevant provisions of open license are added, which enriches the types and methods of patent exploitation license.

  Open license means that the patentee makes a statement through the announcement of the patent licensing department, indicating that anyone who wishes to exploit his patent can obtain the license to exploit the patent by paying the prescribed license fee. Open license belongs to the category of voluntary license, but the government can provide related services by participating in it.

  The newly revised patent law contains three provisions on patent opening license. Article 50 stipulates the declaration and withdrawal of the open license. Where the patentee voluntarily declares in writing to the patent administration department of the State Council that he is willing to license any unit or individual to exploit his patent, and specifies the payment method and standard of the license fee, the patent administration department of the State Council shall make an announcement and implement an open license. Article 51 stipulates the acquisition of patent exploitation license, annual fee reduction and exemption and license use fee. During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly. Article 52 provides for the settlement of disputes over open licensing. Disputes arising from the implementation of the open license shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, they may request the administrative department for patent in the State Council for mediation, or bring a suit in a people’s court.

  From the content of specific clauses, on the one hand, this revision conforms to the actual needs of patent implementation, on the other hand, it also goes hand in hand with relevant policies and regulations on intellectual property rights and measures for the use of intellectual property rights, which promotes the high-quality development of patent application. For the specific implementation of this clause at the level of patent application, the author believes that the following points should be paid attention to:

  First, it should be matched with the detailed operation in the implementation rules of the patent law. The patent law has clearly established the institutional framework of patent open license, and the system docking, process design and written form at the specific operational level need further study and determination, so that the patentee can conveniently apply this new system. In addition to the annual fee reduction, it can also be linked with other incentive policies to improve the enthusiasm of patentees to implement open licensing.

  Second, it should be matched with the construction of intellectual property operation platform and intellectual property trading center. Relevant information of patent open license can be uploaded to various operating platforms and trading centers, so that patentees can obtain patent information more conveniently, thus building a more effective docking platform for patent information supply and demand, disclosing patent license demand information in time, quickly realizing the market-oriented trading function of patent open license, and promoting the implementation of patent open license system.

  Third, it should be matched with the construction of intellectual property credit system. In June 2014, the Outline of Social Credit System Construction Planning (2014-2020) issued by the State Council took "Credit System Construction in Intellectual Property" as one of the main contents of comprehensively promoting social credit construction. In January 2016, China National Intellectual Property Administration issued the Notice on Several Issues Concerning the Construction of Social Credit System of Intellectual Property System to start the system construction; In November 2018, more than 30 departments and units jointly signed the Memorandum of Cooperation on Joint Punishment of Serious Untrustworthy Subjects in the Intellectual Property (Patent) Field; In August, 2020, 12 local intellectual property offices launched a pilot project of classified supervision. Fraud and other dishonest acts of the patentee involved in the implementation of open license should be included in the work of credit system construction and classified supervision.

  The author believes that after the implementation of the newly revised Patent Law on June 1st, 2021, the patent open licensing system will play an important role in improving the quality of patent implementation and the efficiency of patent application, reducing transaction costs through open use, promoting value realization through patent licensing, accelerating the formation of a strong patent market, and further releasing the vitality of innovation and creation. (Author Qi Wang is an associate researcher at China National Intellectual Property Administration Intellectual Property Development Research Center)

People’s Republic of China (PRC) environmental protection law

order of the president of the people’s republic of china

No.9

  The Environmental Protection Law of People’s Republic of China (PRC) was revised and adopted by the 8th meeting of the 12th the NPC Standing Committee in People’s Republic of China (PRC) on April 24th, 2014. The revised Environmental Protection Law of People’s Republic of China (PRC) is hereby promulgated and shall come into force on January 1st, 2015.

Chairman People’s Republic of China (PRC), Supreme Leader

April 24, 2014

People’s Republic of China (PRC) environmental protection law

(Adopted at the 11th meeting of the 7th the NPC Standing Committee on December 26th, 1989 and revised at the 8th meeting of the 12th the NPC Standing Committee on April 24th, 2014) 

  catalogue

  Chapter I General Provisions

  Chapter II Supervision and Administration

  Chapter III Protecting and Improving the Environment

  Chapter IV Prevention and Control of Pollution and Other Public Hazards

  Chapter V Information Disclosure and Public Participation

  Chapter VI Legal Liability

  Chapter VII Supplementary Provisions

Chapter I General Provisions

  Article 1 This Law is formulated for the purpose of protecting and improving the environment, preventing and controlling pollution and other public hazards, safeguarding public health, promoting the construction of ecological civilization and promoting sustainable economic and social development.

  Article 2 The term "environment" as mentioned in this Law refers to the totality of various natural factors that affect human survival and development, including atmosphere, water, ocean, land, mineral deposits, forests, grasslands, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and villages.

  Article 3 This Law shall apply to the territory of People’s Republic of China (PRC) and other sea areas under the jurisdiction of People’s Republic of China (PRC).

  Article 4 Protecting the environment is the basic national policy of the country.

  The state adopts economic and technological policies and measures that are conducive to saving and recycling resources, protecting and improving the environment, and promoting harmony between man and nature, so as to coordinate economic and social development with environmental protection.

  Article 5 Environmental protection adheres to the principles of giving priority to protection, giving priority to prevention, comprehensive management, public participation and responsibility for damage.

  Article 6 All units and individuals have the obligation to protect the environment.

  Local people’s governments at all levels shall be responsible for the environmental quality of their respective administrative areas.

  Enterprises, institutions and other producers and operators shall prevent and reduce environmental pollution and ecological damage, and shall be liable for the damage caused according to law.

  Citizens should enhance their awareness of environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their environmental protection obligations.

  Article 7 The State supports the research, development and application of environmental protection science and technology, encourages the development of environmental protection industry, promotes the informatization construction of environmental protection, and improves the level of environmental protection science and technology.

  Article 8 People’s governments at all levels should increase financial investment in protecting and improving the environment, preventing and controlling pollution and other public hazards, and improve the efficiency in the use of financial funds.

  Article 9 People’s governments at all levels shall strengthen the publicity and popularization of environmental protection, encourage grassroots mass autonomous organizations, social organizations and environmental protection volunteers to publicize environmental protection laws and regulations and environmental protection knowledge, and create a good atmosphere for environmental protection.

  Education administrative departments and schools should incorporate environmental protection knowledge into school education content and cultivate students’ awareness of environmental protection.

  The news media shall publicize environmental protection laws and regulations and environmental protection knowledge, and supervise environmental violations by public opinion.

  Tenth the State Council municipal environmental protection department, the implementation of unified supervision and management of the national environmental protection work; The competent department of environmental protection of the local people’s governments at or above the county level shall exercise unified supervision and management over the environmental protection work in their respective administrative areas.

  The relevant departments of the people’s governments at or above the county level and the environmental protection departments of the armed forces shall, in accordance with the provisions of relevant laws, supervise and manage environmental protection work such as resource protection and pollution prevention.

  Eleventh units and individuals that have made remarkable achievements in protecting and improving the environment shall be rewarded by the people’s government.

  Twelfth June 5th every year for the environment day.

Chapter II Supervision and Administration

  Thirteenth people’s governments at or above the county level shall incorporate environmental protection into the national economic and social development plan.

  The competent department of environmental protection of the State Council shall, jointly with relevant departments, formulate the national environmental protection plan according to the national economic and social development plan, and report it to the State Council for approval and promulgation.

  The competent department of environmental protection of the local people’s government at or above the county level shall, jointly with the relevant departments, prepare the environmental protection plan of the administrative region according to the requirements of the national environmental protection plan, and report it to the people’s government at the same level for approval and promulgation and implementation.

  The content of environmental protection planning should include the objectives, tasks and safeguard measures of ecological protection and pollution prevention and control, and be connected with the planning of main functional areas, the overall planning of land use and urban and rural planning.

  Article 14 The relevant departments of the State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall fully consider the impact on the environment and listen to the opinions of relevant parties and experts when organizing the formulation of economic and technological policies.

  Fifteenth the State Council municipal environmental protection departments to develop national environmental quality standards.

  The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local environmental quality standards for projects not specified in the national environmental quality standards; For projects that have been specified in the national environmental quality standards, local environmental quality standards that are stricter than the national environmental quality standards may be formulated. Local environmental quality standards shall be reported to the competent department of environmental protection of the State Council for the record.

  The state encourages the development of environmental benchmark research.

  Article 16 The competent department of environmental protection in the State Council shall, according to the national environmental quality standards and the national economic and technological conditions, formulate the national pollutant discharge standards.

  The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local pollutant discharge standards for projects not specified in the national pollutant discharge standards; For projects that have been stipulated in the national pollutant discharge standards, local pollutant discharge standards that are stricter than the national pollutant discharge standards may be formulated. Local pollutant discharge standards shall be reported to the competent department of environmental protection of the State Council for the record.

  Article 17 The state establishes and improves the environmental monitoring system. The competent department of environmental protection in the State Council shall formulate monitoring standards, organize monitoring networks in conjunction with relevant departments, uniformly plan the setting of national environmental quality monitoring stations (points), establish a monitoring data sharing mechanism, and strengthen the management of environmental monitoring.

  The establishment of various environmental quality monitoring stations (points) in relevant industries and professions shall comply with the provisions of laws and regulations and the requirements of monitoring norms.

  Monitoring institutions shall use monitoring equipment that meets national standards and abide by monitoring norms. Monitoring institutions and their responsible persons are responsible for the authenticity and accuracy of monitoring data.

  Eighteenth people’s governments at or above the provincial level shall organize relevant departments or entrust professional institutions to investigate and evaluate the environmental conditions and establish a monitoring and early warning mechanism for the carrying capacity of environmental resources.

  Article 19 Environmental impact assessment shall be carried out in accordance with the law in the preparation of development and utilization plans and the construction of projects that have an impact on the environment.

  Development and utilization planning without environmental impact assessment according to law shall not be organized and implemented; Construction projects without environmental impact assessment according to law shall not be started.

  Article 20 The state establishes a joint prevention and control coordination mechanism for environmental pollution and ecological destruction in key areas and river basins across administrative regions, and implements unified planning, unified standards, unified monitoring and unified prevention and control measures.

  The prevention and control of environmental pollution and ecological damage beyond the provisions of the preceding paragraph shall be solved by the people’s governments at higher levels through coordination or by the local people’s governments concerned through consultation.

  Article 21 The state adopts policies and measures in finance, taxation, price and government procurement to encourage and support the development of environmental protection industries such as environmental protection technology and equipment, comprehensive utilization of resources and environmental services.

  Article 22 If enterprises, institutions and other producers and operators further reduce pollutant emissions on the basis that pollutant emissions meet the statutory requirements, the people’s government shall adopt policies and measures in finance, taxation, price and government procurement according to law to encourage and support them.

  Twenty-third enterprises, institutions and other producers and operators, in order to improve the environment, in accordance with the relevant provisions of the production, relocation, closure, the people’s government should give support.

  Article 24 The competent department of environmental protection of the people’s governments at or above the county level and the environmental monitoring institutions entrusted by them and other departments responsible for the supervision and management of environmental protection have the right to conduct on-site inspections on enterprises, institutions and other producers and operators that discharge pollutants. The inspected shall truthfully report the situation and provide necessary information. The departments, institutions and their staff who carry out on-site inspection shall keep business secrets for the inspected.

  Article 25 Where enterprises, institutions and other producers and operators discharge pollutants in violation of laws and regulations, which has caused or may cause serious pollution, the competent environmental protection department of the people’s government at or above the county level and other departments responsible for the supervision and management of environmental protection may seal up and detain the facilities and equipment that have caused the discharge of pollutants.  

  Article 26 The State practices the responsibility system for environmental protection objectives and the assessment and evaluation system. The people’s governments at or above the county level shall incorporate the completion of environmental protection objectives into the assessment contents of the departments and their responsible persons responsible for environmental protection supervision and management of the people’s governments at the corresponding levels and the people’s governments at lower levels and their responsible persons, as an important basis for their assessment and evaluation. The assessment results shall be made public to the public.

  Article 27 The people’s governments at or above the county level shall report to the people’s congresses at the corresponding levels or their standing committees on the environmental conditions and the completion of environmental protection targets every year, and report to the standing committees of the people’s congresses at the corresponding levels in time for major environmental incidents, and accept supervision according to law.

Chapter III Protecting and Improving the Environment

  Article 28 Local people’s governments at various levels shall take effective measures to improve environmental quality according to environmental protection objectives and governance tasks.

  The relevant local people’s governments in key areas and river basins that fail to meet the national environmental quality standards shall formulate plans to meet the standards within a time limit and take measures to meet the standards on schedule.

  Article 29 The State shall draw red lines for ecological protection in key ecological functional areas, sensitive areas of ecological environment and fragile areas, and implement strict protection.

  People’s governments at all levels shall take measures to protect representative areas of various types of natural ecosystems, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures with great scientific and cultural value, famous caves and fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics, as well as cultural relics and ancient and famous trees, and it is strictly forbidden to destroy them.

  Article 30. In the development and utilization of natural resources, it is necessary to rationally develop, protect biodiversity and ensure ecological safety, and formulate and implement plans for ecological protection and restoration according to law.

  Measures should be taken to prevent the destruction of biodiversity when introducing exotic species and researching, developing and utilizing biotechnology.

  Article 31 The state establishes and improves the compensation system for ecological protection.

  The state has increased financial transfer payments to ecological protection areas. The relevant local people’s governments shall implement the compensation funds for ecological protection and ensure that they are used for ecological protection compensation.

  The state guides the people’s governments of beneficiary areas and ecological protection areas to make compensation for ecological protection through consultation or in accordance with market rules.

  Article 32 The State shall strengthen the protection of the atmosphere, water and soil, and establish and improve corresponding investigation, monitoring, evaluation and restoration systems.

  Article 33 People’s governments at all levels should strengthen the protection of agricultural environment, promote the use of new technologies for agricultural environmental protection, strengthen the monitoring and early warning of agricultural pollution sources, coordinate relevant departments to take measures to prevent and control soil pollution, land desertification, salinization, impoverishment, rocky desertification, land subsidence, vegetation destruction, soil erosion, water eutrophication, water source depletion, provenance extinction and other ecological disorders, and promote comprehensive prevention and control of plant diseases and insect pests.

  The people’s governments at the county and township levels shall improve the public service level of rural environmental protection and promote the comprehensive improvement of rural environment.

  Thirty-fourth the State Council and coastal local people’s governments at all levels should strengthen the protection of the marine environment. The discharge of pollutants into the sea, the dumping of wastes and the construction of coastal and marine projects shall comply with the provisions of laws and regulations and relevant standards to prevent and reduce pollution damage to the marine environment.

  Thirty-fifth urban and rural construction should be combined with the characteristics of the local natural environment, protect vegetation, waters and natural landscapes, and strengthen the construction and management of urban gardens, green spaces and scenic spots.

  Article 36 The State encourages and guides citizens, legal persons and other organizations to use products that are conducive to environmental protection and recycled products to reduce the generation of waste.

  State organs and other organizations that use financial funds should give priority to purchasing and using products, equipment and facilities that are conducive to environmental protection, such as energy-saving, water-saving and material-saving.

  Article 37 Local people’s governments at various levels shall take measures to organize the classified disposal and recycling of domestic wastes.

  Article 38 Citizens shall abide by environmental protection laws and regulations, cooperate with the implementation of environmental protection measures, and classify and place domestic wastes according to regulations to reduce the damage caused by daily life to the environment.

  Article 39 The State establishes and improves the system of environmental and health monitoring, investigation and risk assessment; Encourage and organize research on the impact of environmental quality on public health, and take measures to prevent and control diseases related to environmental pollution.

Chapter IV Prevention and Control of Pollution and Other Public Hazards

  Article 40 The State promotes clean production and recycling of resources.

  Relevant departments of the State Council and local people’s governments at all levels shall take measures to promote the production and use of clean energy.

  Enterprises should give priority to the use of clean energy, adopt technologies and equipment with high resource utilization rate and low pollutant discharge, as well as comprehensive utilization technology of waste and harmless treatment technology of pollutants to reduce the generation of pollutants.

  Forty-first facilities for pollution prevention and control in construction projects shall be designed, constructed and put into use at the same time as the main project. Facilities for the prevention and control of pollution shall meet the requirements of the approved environmental impact assessment documents, and shall not be dismantled or left idle without authorization.

  Article 42 Enterprises, institutions and other producers and operators that discharge pollutants shall take measures to prevent and control the pollution and harm to the environment caused by waste gas, waste water, waste residue, medical waste, dust, malodorous gas, radioactive substances, noise, vibration, light radiation and electromagnetic radiation generated in production, construction or other activities.

  Enterprises and institutions that discharge pollutants shall establish a responsibility system for environmental protection and clarify the responsibilities of the person in charge of the unit and relevant personnel.

  Key pollutant discharge units shall install and use monitoring equipment in accordance with relevant state regulations and monitoring norms, ensure the normal operation of monitoring equipment, and keep original monitoring records.

  It is strictly prohibited to illegally discharge pollutants by means of concealed pipes, seepage wells, seepage pits, perfusion or tampering with or forging monitoring data, or by means of abnormal operation of pollution prevention and control facilities to evade supervision.

  Forty-third enterprises, institutions and other producers and operators that discharge pollutants shall pay sewage charges in accordance with the relevant provisions of the state. All sewage charges shall be earmarked for the prevention and control of environmental pollution, and no unit or individual may intercept, divert or use them for other purposes.

  If environmental protection tax is levied in accordance with the law, sewage charges will no longer be levied.

  Article 44 The state practices a system of controlling the total discharge of key pollutants. The total emission control targets of key pollutants are issued by the State Council, and are decomposed and implemented by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government. Enterprises and institutions shall, while implementing national and local pollutant discharge standards, abide by the total emission control indicators of key pollutants decomposed and implemented in their own units.

  The competent environmental protection department of the people’s government at or above the provincial level shall suspend the examination and approval of the environmental impact assessment documents of the construction projects that have increased the total discharge of key pollutants in areas that exceed the national total discharge control targets or fail to complete the environmental quality targets set by the state.

  Article 45 The State implements a system of pollutant discharge permit management in accordance with the law.

  Enterprises, institutions and other producers and operators that implement the management of pollutant discharge permits shall discharge pollutants in accordance with the requirements of pollutant discharge permits; No pollutant shall be discharged without obtaining a pollutant discharge permit.

  Article 46 The State implements a system of elimination of processes, equipment and products that seriously pollute the environment. No unit or individual may produce, sell or transfer or use technologies, equipment and products that seriously pollute the environment.

  It is forbidden to introduce technologies, equipment, materials and products that do not meet the requirements of China’s environmental protection.

  Forty-seventh people’s governments at all levels and their relevant departments, enterprises and institutions shall, in accordance with the provisions of the "People’s Republic of China (PRC) Emergency Response Law", do a good job in risk control, emergency preparation, emergency disposal and post-event recovery of environmental emergencies.

  The people’s governments at or above the county level shall establish a public monitoring and early warning mechanism for environmental pollution and organize the formulation of early warning schemes; When the environment is polluted, which may affect public health and environmental safety, early warning information shall be released in time according to law and emergency measures shall be initiated.

  Enterprises and institutions shall, in accordance with the relevant provisions of the state, formulate emergency plans for sudden environmental incidents and report them to the competent department of environmental protection and relevant departments for the record. When environmental emergencies occur or may occur, enterprises and institutions shall immediately take measures to deal with them, promptly notify the units and residents that may be harmed, and report to the competent department of environmental protection and relevant departments.

  After the emergency handling of environmental emergencies is completed, the relevant people’s government shall immediately organize the assessment of the environmental impact and losses caused by the incident, and timely announce the assessment results to the public.

  Article 48 The production, storage, transportation, sale, use and disposal of chemicals and articles containing radioactive substances shall comply with relevant state regulations to prevent environmental pollution.

  Article 49 People’s governments at all levels and their relevant departments and institutions in agriculture shall guide agricultural producers and operators in scientific planting and breeding, scientifically and rationally apply agricultural inputs such as pesticides and fertilizers, scientifically dispose of agricultural wastes such as agricultural films and crop straws, and prevent agricultural non-point source pollution.

  It is forbidden to apply solid waste and wastewater that do not meet agricultural standards and environmental protection standards into farmland. Measures should be taken to prevent heavy metals and other toxic and harmful substances from polluting the environment when applying agricultural inputs such as pesticides and fertilizers and carrying out irrigation.

  The site selection, construction and management of livestock and poultry farms, farming communities and slaughtering enterprises shall comply with relevant laws and regulations. Units and individuals engaged in livestock and poultry breeding and slaughter shall take measures to scientifically dispose of livestock and poultry manure, corpses and sewage and other wastes to prevent environmental pollution.

  The people’s government at the county level is responsible for organizing the disposal of rural domestic waste.

  Article 50 People’s governments at all levels shall allocate funds in their financial budgets to support environmental protection work such as the protection of rural drinking water sources, the treatment of domestic sewage and other wastes, the prevention and control of pollution caused by livestock and poultry breeding and slaughter, the prevention and control of soil pollution and the prevention and control of pollution caused by rural mines.

  Article 51 People’s governments at all levels shall co-ordinate urban and rural construction of sewage treatment facilities and supporting pipe networks, environmental sanitation facilities such as collection, transportation and disposal of solid wastes, facilities and places for centralized disposal of hazardous wastes and other public facilities for environmental protection, and ensure their normal operation.

  Article 52 The State encourages taking out environmental pollution liability insurance. 

Chapter V Information Disclosure and Public Participation 

  Article 53 Citizens, legal persons and other organizations shall have the right to obtain environmental information, participate in and supervise environmental protection according to law.

  The competent departments of environmental protection of the people’s governments at all levels and other departments responsible for environmental protection supervision and management shall disclose environmental information according to law, improve public participation procedures, and provide convenience for citizens, legal persons and other organizations to participate in and supervise environmental protection.

  Article 54 The competent department of environmental protection in the State Council shall uniformly release the national environmental quality, monitoring information of key pollution sources and other major environmental information. The competent department of environmental protection of the people’s governments at or above the provincial level regularly issues bulletins on environmental conditions.

  The competent department of environmental protection of the people’s government at or above the county level and other departments responsible for environmental protection supervision and management shall disclose information on environmental quality, environmental monitoring, environmental emergencies, environmental administrative licensing, administrative punishment, collection and use of sewage charges, etc. according to law.

  The competent department of environmental protection of the local people’s government at or above the county level and other departments responsible for the supervision and management of environmental protection shall record the illegal environmental information of enterprises, institutions and other producers and operators in the social credit files, and promptly announce the list of offenders to the society.

  Fifty-fifth key pollutant discharge units shall truthfully disclose to the public the name, discharge mode, discharge concentration and total amount, excessive discharge, and the construction and operation of pollution prevention facilities, and accept social supervision.

  Article 56 For a construction project that should prepare an environmental impact report according to law, the construction unit shall explain the situation to the public who may be affected and fully solicit opinions.

  The department responsible for examining and approving the environmental impact assessment document of the construction project shall, after receiving the environmental impact report of the construction project, disclose the full text except for matters involving state secrets and commercial secrets; If it is found that the construction project has not fully solicited public opinions, the construction unit shall be instructed to solicit public opinions.

  Fifty-seventh citizens, legal persons and other organizations have the right to report to the competent department of environmental protection or other departments responsible for the supervision and management of environmental protection if they find that any unit or individual has polluted the environment and destroyed the ecology.

  Citizens, legal persons and other organizations have the right to report to their superior organs or supervisory organs if they find that the local people’s governments at all levels, the competent environmental protection departments of the people’s governments at or above the county level and other departments responsible for environmental protection supervision and management fail to perform their duties according to law.

  The organ that accepts the report shall keep confidential the relevant information of the informant and protect the lawful rights and interests of the informant.

  Article 58 A social organization that meets the following conditions may bring a lawsuit to the people’s court for acts that pollute the environment, destroy the ecology and harm the public interests:

  (a) registered in the civil affairs department of the people’s government at or above the municipal level;

  (two) specialized in environmental protection public welfare activities for more than five consecutive years and no illegal record.

  Social organizations that meet the provisions of the preceding paragraph bring a lawsuit to the people’s court, and the people’s court shall accept it according to law.

  A social organization that brings a lawsuit may not seek economic benefits through litigation.

Chapter VI Legal Liability

  Article 59 If an enterprise, institution or other producer or operator discharges pollutants illegally and is fined, ordered to make corrections, and refuses to make corrections, the administrative organ that has made the punishment decision according to law may impose continuous penalties on a daily basis according to the original penalty amount from the day following the day when it is ordered to make corrections.

  The fine and punishment stipulated in the preceding paragraph shall be implemented in accordance with the relevant laws and regulations and determined by the operating costs of pollution prevention facilities, direct losses or illegal gains caused by illegal acts and other factors.

  Local regulations may, according to the actual needs of environmental protection, increase the types of illegal acts that are punished continuously on a daily basis as stipulated in the first paragraph.

  Article 60 Where enterprises, institutions and other producers and operators discharge pollutants in excess of the pollutant discharge standards or the total emission control targets of key pollutants, the competent environmental protection department of the people’s government at or above the county level may order them to take measures such as restricting production, stopping production and rectifying; If the circumstances are serious, it shall be reported to the people’s government with the right of approval and ordered to suspend business or close down.

  Article 61 If a construction unit starts construction without submitting the environmental impact assessment document of a construction project according to law or without approval, the department responsible for environmental protection supervision and management shall order it to stop construction, impose a fine, and may order it to make restitution.

  Article 62 If, in violation of the provisions of this Law, key pollutant discharge units fail to disclose or truthfully disclose environmental information, the competent environmental protection department of the local people’s government at or above the county level shall order the disclosure, impose a fine and make a public announcement.

  Article 63 If an enterprise, institution or other producer or operator commits one of the following acts, which does not constitute a crime, in addition to being punished in accordance with the provisions of relevant laws and regulations, the competent department of environmental protection of the people’s government at or above the county level or other relevant departments shall transfer the case to the public security organ, and the directly responsible person in charge and other directly responsible personnel shall be detained for more than 10 days and less than 15 days; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days:

  (a) the construction project fails to carry out environmental impact assessment according to law, and is ordered to stop construction and refuses to implement it;

  (two) in violation of the provisions of the law, without obtaining a permit to discharge pollutants, was ordered to stop sewage, refused to implement;

  (3) Unlawful discharge of pollutants by means of concealed pipes, seepage wells, seepage pits, perfusion or tampering with or forging monitoring data, or abnormal operation of pollution prevention and control facilities to evade supervision;

  (four) the production and use of pesticides that are prohibited by the state, and are ordered to make corrections, and refuse to make corrections.

  Article 64 Anyone who causes damage due to environmental pollution and ecological destruction shall bear tort liability in accordance with the relevant provisions of the Tort Liability Law of People’s Republic of China (PRC).

  Article 65 Where an environmental impact assessment institution, an environmental monitoring institution and an institution engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention facilities practise fraud in relevant environmental service activities and are responsible for environmental pollution and ecological damage, they shall be punished in accordance with relevant laws and regulations, and shall also be jointly and severally liable with other persons responsible for environmental pollution and ecological damage.

  Article 66 The limitation period for bringing an action for compensation for environmental damage is three years, counting from the time when the parties know or should know that they have suffered damage.

  Article 67 The people’s government at a higher level and its competent department of environmental protection shall strengthen supervision over the environmental protection work of the people’s government at a lower level and its relevant departments. If it is found that the relevant staff members have violated the law and should be punished according to law, they shall put forward suggestions for punishment to their appointment and removal organs or supervisory organs.

  Administrative punishment should be given according to law, but the relevant competent department of environmental protection does not, the competent department of environmental protection of the people’s government at a higher level can directly make a decision on administrative punishment.

  Article 68 Where the local people’s governments at all levels, the competent environmental protection departments of the people’s governments at or above the county level and other departments responsible for environmental protection supervision and management commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given demerit, gross demerit or demotion; If serious consequences are caused, he shall be dismissed or expelled, and the main person in charge shall take the blame and resign:

  (a) does not meet the requirements of administrative licensing, administrative licensing;

  (two) to cover up environmental violations;

  (3) Failing to make a decision to order business suspension or closure according to law;

  (4) Failing to investigate and deal with acts such as excessive discharge of pollutants, discharge of pollutants by evading supervision, causing environmental accidents, and failure to implement ecological protection measures;

  (five) in violation of the provisions of this law, the facilities and equipment of enterprises, institutions and other producers and operators are sealed up or detained;

  (6) Tampering with, forging or instructing to tamper with or forge monitoring data;

  (seven) environmental information should be disclosed in accordance with the law but not disclosed;

  (8) Interception, misappropriation or diversion of the collected sewage charges;

  (nine) other illegal acts as prescribed by laws and regulations.

  Article 69 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VII Supplementary Provisions

  Article 70 This Law shall come into force as of January 1, 2015.

Online retail sales of physical goods increased by 11.5% in May before the new consumption upgrade.

  At 4 o’clock in the morning, the Suning Logistics Express Distribution Center in Yantai City, Shandong Province was already busy, and the assembly line was running rapidly. The staff packed the sorted parcels and put them on the transport shuttle bus that was about to go to 12 first-class outlets, and transported them to more than 200 township service outlets through secondary sorting and loading.

  "Online demand is very active, and our business volume increased by about 23% year-on-year in May!" Wang Baoyu, head of a "Suning Bangke" county service center in Yantai, said.

  After the outbreak of COVID-19, offline consumption was affected, and online retail quickly made up for it. The data released by the National Bureau of Statistics show: 1— In May, the online retail sales of physical goods nationwide increased by 11.5% year-on-year, accounting for 24.3% of the total retail sales of social consumer goods. According to the data released by the State Post Bureau, the volume of express delivery business increased by 41% and the business income increased by 25% in May. Live broadcast with goods, online group fight, store home … … With the accelerated innovation of new formats and new models and the vitality of online consumption in generate, the contribution rate of online retail of physical goods to the growth of consumer goods market continues to increase, and consumers get more benefits and convenience.

  "11.5%", what do you think of the growth rate of online retail of this physical commodity?

  — — "11.5%" shows that the consumption upgrade is full of stamina.

  "Homeowners can also taste delicious food, which is delicious, sweet and full of fruit. This is the taste!" Zhang Ju, who lives in Hefei, Anhui Province, originally planned to take her children to visit relatives in Nanning, Guangxi, and try the local specialty Wuming Wogan. Affected by the epidemic, they couldn’t make it. Zhang Ju tried to search for Wuming Wogan on the e-commerce platform. "It’s really there! Order the first day and deliver it to the door the next day. It tastes good and the price is fair. "

  Nowadays, residents’ consumption is accelerating and upgrading, and the demand for diversification and individualization is increasing. In the first five months, even affected by the epidemic, the consumption upgrading trend of residents was still obvious. Featured goods from all over the world are "flying into the homes of ordinary people" through e-commerce platforms.

  — — "11.5%" shows that new consumption is in the ascendant.

  "This is our solid wood furniture in Nankang, and the quality is very good." He Shanjin, the mayor of Nankang District, Ganzhou City, Jiangxi Province, is holding a "whole house furniture" display board at the scene of the "Industrial Belt Network" activity in Pinduoduo, introducing the advantages of Nankang furniture to consumers through live broadcast.

  He Shanjin participated in the 48-hour event, which attracted 7.23 million consumers, increased the number of fans to 630,000, and drove the turnover of Nankang furniture to over 50 million yuan. The big data monitoring of the Ministry of Commerce shows that in the first quarter, there were more than 4 million live broadcasts of e-commerce, and more than 100 mayors and county heads walked into the live broadcast room to "speak for" local products.

  In the process of epidemic prevention and control, new online formats have accelerated innovation, and new consumption such as live broadcast and community group purchase has shown strong vitality. The new online consumption driven by digital technology can match the supply and demand sides more efficiently, tap the advantageous industrial clusters in various places, help the related enterprises in the industrial belt to resume production quickly, and promote consumption replenishment and potential release, thus playing multiple roles in boosting the economy and stabilizing employment.

  — — "11.5%" also shows that the domestic market is vast.

  "I’ve wanted to buy it for a long time, but I can’t catch up with it ‘ 618’ It’s cheaper to be near 1000 yuan! " A few days ago, Xing Haiyan, a resident of Nanjing, Jiangsu Province, opened the e-commerce APP and placed an order for payment for the air conditioner and electric toothbrush that had already been "lying" in the shopping cart.

  On June 1st, JD.COM’s "618" Mid-year Shopping Festival kicked off. Under the escort of excellent service, consumption momentum was rapid and sales were hot. Data show that from 0: 00 on June 1 to 24: 00 on June 18, the accumulated order amount of JD.COM reached 269.2 billion yuan. During the event, 187 brands achieved an order amount of over 100 million yuan, and all-round growth was achieved in household appliances, fresh food and household daily use.

  China has a population of 1.4 billion and more than 400 million middle-income groups. Its market size ranks among the top in the world, and consumption upgrading is in the ascendant. At present, various policies to expand consumption are continuously effective, and online and offline consumption is more active, contributing more kinetic energy to boosting high-quality economic development.

On April 10th, Changchun added 102 local confirmed cases and 743 local asymptomatic infected people.

  According to the report of Changchun Health and Health Commission, there were 102 newly confirmed local cases in Changchun (including 29 asymptomatic infected people converted to confirmed cases), including 40 cases in Kuancheng District, 14 cases in Luyuan District, 12 cases in Economic Development Zone, 8 cases in Changchun New District, 8 cases in Erdao District, 7 cases in Nanguan District, 4 cases in yushu city, 3 cases in Jiutai District, 3 cases in Chaoyang District and 2 cases in Qikai District.

  There were 743 new asymptomatic local infections, including 272 cases in Kuancheng District, 227 cases in Lvyuan District, 55 cases in Nanguan District, 54 cases in Erdao District, 36 cases in Economic Development Zone, 32 cases in Chaoyang District, 25 cases in Jiutai District, 21 cases in Jingyue District, 13 cases in Changchun New District, 3 cases in yushu city, 2 cases in Nong ‘an County, 2 cases in dehui city City and 1 case in Gongzhuling City.

  By 24: 00 on April 10th, Changchun had reported a total of 23,088 confirmed cases and 17,033 asymptomatic infected cases in COVID-19. At present, all the infected people have been transferred to designated medical institutions for isolation treatment, and their close contacts and sub-close contacts have been tracked and investigated, and control measures have been implemented, and the lives and workplaces of the above people have been disinfected at the end.

  At present, the epidemic situation in Changchun is grim, and the general public should further raise their awareness of prevention and consciously abide by the relevant requirements for epidemic prevention and control. It is necessary to wear masks, wash hands frequently, ventilate frequently, and keep social distance to reduce the risk of disease infection. If you have fever, cough and other acute respiratory symptoms, please report to your community (village) or local CDC in time.