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随着经济一体化步伐的加快和注册登记制度改革的深化,在境内外注册“傍名牌”企业,以授权、许可、监制等方式仿冒名牌商品的行为越来越普遍,如今已蔓延到各个领域。在农村市场销售傍洋品牌的农资产品就是近年来的“傍名牌”新现象。由于农民群体识假能力总体不高,极易被形形色色的傍洋化肥蒙蔽双眼。基于法律政策的不完善以及不法分子煞费苦心的钻空子,客观上造成此类案件对于混淆、近似等认定难、定性难、查处难。本文结合执法办案实际,剖析了傍洋品牌行为的表现与查处,供各地在市场监管中参考借鉴。
With the acceleration of the pace of economic integration and the deepening of the reform of the registration system, it has become more and more commonplace to register brand names in Hong Kong and overseas and to counterfeit branded products through such means as authorization, licensing and producer. Now it has spread to each field. In the rural market sales of agricultural products next to the brand is in recent years, “Pong name brand ” a new phenomenon. As a result of the farmers’ awareness of false knowledge in general is not high, easily overwhelmed by various types of Yin Yang fertilizer. Based on imperfections in laws and policies and unscrupulous elements make painstaking attempts to loophole, objectively causing such cases as confusion, approximation, etc. finds difficult, qualitatively difficult and difficult to investigate and deal with. Based on the actual situation of law enforcement, this paper analyzes the performance and investigation of the behavior of the brand Yang Bang, for reference in the market supervision.