Xiashan Branch of Zhanjiang Administration for Industry and Commerce:
The administrative penalty notice of Zhanxia Administration for Industry and Commerce (ZZ (2008) No.0 1) determined that the company printed "China underwear quality and reputation first brand" and "growth and thickening and excitement type" on underwear packaging as misleading false propaganda, which did not conform to the facts.
First, it is a fact that our company won the "No.1 brand of underwear quality and credibility in China".
Li Jiali underwear series produced by our company was sponsored by People's Daily Market Information Center at the beginning of 2004, assisted by more than 60 authoritative trade associations and supported by authoritative newspapers 10.< Search Arc Network | >& lt Sunshine 315net > More than 800,000 users participated in the large-scale public welfare activity of "The First Customer Satisfaction Survey on Product Quality in China Market" conducted by authoritative websites, and were elected as "China Underwear Quality Reputation" by users. This is a fact. There are relevant certificates and advertisements verified and published by People's Daily Market Newspaper, which prove that the relevant certificates are true (see "China Underwear Quality and Credit First Brand" certificate and a copy of People's Daily Market Newspaper).
This activity has a high specification and a large scale. In addition to the state leaders who attended the award ceremony in the Great Hall of the People in Beijing, many authoritative national newspapers reported it.
We believe that People's Daily is the party newspaper in China, People's Daily is the official website of People's Daily, and Sunshine 3 15 is the official website of the Consumers Association of the State Administration for Industry and Commerce. It is not only authoritative but also far-reaching for so many national authorities to jointly hold this important event. Such activities can't be put on show, let alone faked. Referring to foreign practices, the state plans to hand over product identification activities to industry associations, so all authoritative departments and industry associations including the State Administration for Industry and Commerce are actively involved this time. Li Jiali underwear series was selected as the "No.1 brand of underwear quality and credibility in China" in this activity, which is the result of our company's efforts for many years, and the position of Li Jiali brand in China market has gradually become Zhan's honor. If the grass-roots departments find that there are problems in the above activities or the "first brand" selected is untrue, they should put forward corrections to the state institutions that organize the activities, and should not pursue the responsibility of enterprises. More importantly, since its establishment, this enterprise has been relying on science and integrity to develop and produce its own products and strive to launch its own brand throughout the country. We feel that the government and relevant departments should give us more care, encouragement and support.
Zhanjiang Administration for Industry and Commerce, the superior organ of Xiashan Branch of Zhanjiang Administration for Industry and Commerce, once recognized our company as "the first brand of underwear quality and credibility in China". In 2004, Zhanjiang Industrial and Commercial Bureau approved our company to produce the outdoor advertisement of "China Underwear Quality and Reputation First Brand" with an area of more than 200 square meters at Tianqiao, Chikan District, Zhanjiang City, which lasted for one year (see the advertisement photo, the approval number of the advertisement is Zhan Industrial and Commercial Outdoor 2004042920 1). At the end of 2004, Zhanjiang Industrial and Commercial Bureau also conducted a special inspection on the sales and publicity of our company's growth and thickening underwear. At that time, our company also gave a serious and detailed answer to the question of "the first brand of underwear quality and credibility in China" put forward by the Industrial and Commercial Bureau, and provided the original People's Daily, relevant certificates and materials, as well as proof that we could consult our product website. If our company practices fraud and misleads consumption, can Zhanjiang Industrial and Commercial Bureau allow us to continue publicity, production and sales to this day?
Awards issued by a national and industrial department are publicized in various national media, and large-scale outdoor advertisements are set up with the approval of higher-level industrial and commercial authorities. Printing them on the packaging becomes false propaganda and has no legal basis. Moreover, the honor of brand is a spur to the production of enterprise products and an affirmation of the past. Brand promotion is not the same as commodity promotion mentioned in Article 9 of the Anti-Unfair Competition Law. Therefore, printing "the first brand of underwear quality and reputation in China" on the packaging does not belong to false propaganda, and it does not belong to one of the acts stipulated in the first paragraph of Article 9 of the Anti-Unfair Competition Law.
Second, it is a fact that our company produces "growth-oriented and exciting".
"Growing Thickened Underwear" is a product developed by our company. When users use it as required, they can get corresponding effects through mechanical physical stretching and biophysical stimulation. The invention has obtained the national patent right (see the patent certificate and the abstract of the specification, and the invention patent right will be obtained soon). In 2004, the Economic Inspection Department of Zhanjiang Industrial and Commercial Bureau filed a case, and conducted a comprehensive review of the series of products, packaging materials, publicity methods and websites produced by the company. According to all relevant national laws, the company put forward seven written questions and answered them one by one. In the end, no violations were found, so Zhanjiang Industrial and Commercial Bureau did not impose any punishment or treatment, but essentially acquiesced in the company's production, publicity, promotion and sales. So that the growth and thickening underwear produced by our company has not been strangled in the cradle. From June to August, 2005, our company was audited by the newspaper, and published a series of underwear ads with strength, health care, anti-pollution, excitement, growth and thickening in Southern Metropolis Daily (see the copy of Southern Metropolis Daily), which was recognized by readers.
It is a fact that our company produces "growing, thickening and exciting" underwear, and there is no misleading and false problem. Our company not only has a detailed product introduction, but also has a number of web pages dedicated to detailed introduction, using new means to provide services for the majority of users. It is a fact known all over the world that the growth of human tissues can be changed through mechanical and physical stretching or support, such as the long ears of Iban women and the long neck of Kayan women. After 2004, in order to better demonstrate the principle of growth and thickening, the inventor made his right little finger long and thick according to the same principle (which was shown to the investigators during the investigation). What's more, the situation introduced in the package is that the soft stem will become longer when it is slightly stretched, and it will expand when stimulated by the stretched structure. This happens instantly, and it is common sense that a soft penis can/can be easily stretched. The working principle of this product is obvious. The company has made it clear through relevant channels and users can easily understand it. No one can deny this phenomenon and design. Our company's "growing and thickening underwear" has been put on the market for more than three years, and no users have found that the effect is not good after using it as required. The company has not received any complaints from users. After selling our products for three years, some online agents have gained a reputation of three diamonds, and thousands of users have given them favorable comments, with a favorable rate of 100% satisfaction.
Moreover, there has never been a case of "adding thick underwear" in history, so the technical ability of this product has even applied for the protection of invention patent, and there is no act of "harming the legitimate rights and interests of other business objects" as defined in Article 2 of the Anti-Unfair Competition Law.
Therefore, the selection activity of "the first brand of underwear quality and credibility in China" was participated by the Consumers Association of the State Administration for Industry and Commerce, and approved by the superior of Zhanjiang Industrial and Commercial Bureau to do outdoor advertising. The company used the award and inspected Zhanjiang Industrial and Commercial Bureau, and found no violations. It is a well-founded fact that the underwear packaging of our company is printed with "China underwear quality and reputation first brand" and "growth and thickening excitement type". "The first brand of underwear quality and reputation in China" is not invented by ourselves, and the stretching structure of "increasing and thickening underwear" does exist, which does not mislead consumers and does not belong to the false propaganda stipulated in the first paragraph of Article 9 of the Anti-Unfair Competition Law.
Truthfully publicizing commodities does not violate the Anti-Unfair Competition Law, but also conforms to Article 9 of the Advertising Law of People's Republic of China (PRC). The company's popular science knowledge on product packaging was reported in CCTV Evening News after being approved by the national competent leaders. It is necessary for our company to explain the packaging of various series of products, including "heightening and thickening underwear", and we must explain that users have the right to know and do not hide it. In this case, on what basis did your bureau determine that the company printed "China underwear quality and reputation first brand" and "growth and thickening excitement type" on the product packaging as "misleading false propaganda on the quality, production ingredients, performance, use, manufacturer, expiration date and place of origin"? The Decision on Administrative Punishment is obviously unfounded. The Administration for Industry and Commerce (2008)0 1 ". A small sapling, if bent, will immediately bounce back and straighten after letting go, then bend and let go and straighten again, but if it is fixed with a rope for a long time after bending, the tree will bend and grow, and the sapling will bend when it grows up. Can this be denied? No one can deny it. The inventor of this product, Zhang Li, is an inventor who has been engaged in professional research and production of functional underwear for more than 20 years from a clinician, which is unprecedented in the world. Zhang Li's invention is technical, otherwise he wouldn't apply for a national invention patent, and a well-known patent law firm in Beijing wouldn't be so bored to represent this patent, and it is impossible to pass the substantive examination in China National Intellectual Property Administration.
Patented products must be creative, advanced and practical. Before this technology, no one else in the world could own it and was not known to the public. These three features of the patented technology of the present invention have been substantially examined and made public by China National Intellectual Property Administration. Our patented product has become a new health care product, which has been an original sandwich health care series for 20 years. Patented products that are "creative, advanced and practical" cannot be fake. The state legislates to protect inventions and technologies, among which Article 6 of the Product Quality Law of People's Republic of China (PRC) explicitly encourages the adoption of advanced science and technology. Punishing you for not denying this patented technology and its function is not in line with the scientific spirit, legal spirit and Theory of Three Represents Theory spirit of China * * * Production Party.
Underwear is a daily product, which is different from health food, medicine and medical equipment. The law does not require the verification or certification and approval of relevant departments. The patented technology of adding and thickening underwear was classified as underwear after being examined by China National Intellectual Property Administration.
Li Jiali health underwear belongs to functional underwear, which is a fact that many consumers know. It is common sense to use interlayer separation to prevent bacteria from stinking due to dirt accumulation and to be dry and breathable. The function of Li Jiali health underwear does not need to be tested (this part of the function export can be exempted from inspection at a glance). Zhanjiang Industrial and Commercial Bureau approved the production of our patented health underwear and never asked for any other proof. We have been doing it for 20 years, and all kinds of media at all levels in the country have done publicity, and no one has proposed to do it. In 2004, when Zhanjiang Industrial and Commercial Bureau was put on file for inspection by the economic investigation department, the relevant personnel responded to the functional verification of Li Jiali's health underwear and said: Of course, the health function of Li Jiali's health underwear does not need testing certificate. It is not because it has been recognized by the public after long-term use. In other provinces, our products are inspected by the relevant departments of a province. Finally, we were required to pass the bacterial culture test according to the food hygiene inspection of the epidemic prevention station, and issued the only outrageous general underwear food hygiene certificate for us to continue to sell. With the acceleration and intensity of modern information transmission, underwear has been accepted by many users. We have the right to research and develop new products, apply for patents, transform technology into productivity according to law, publicize and introduce products truthfully and provide services to users.
For the first time in history, the scientist who put forward Heliocentrism was put on a distorted stage, which was an anti-scientific evil of the reactionary rulers. This history cannot be "repeated", it is really true, and science is science and must be respected. Just as strength-type and strength-type health underwear have been generally recognized for more than 20 years, growth-type and thickening-type underwear have also been recognized by users after more than three years of promotion, and have become an open technology through the disclosure and authorization of patents, and their working principles have gradually become a well-known fact. Scientists in history are not afraid of beheading in order to safeguard the truth, which is worth learning from each of us in the future. History will certainly give us justice.
Zhanjiang Shengli garment co., ltd
March 3, 2008