1. Food packaging must use alcohol-soluble ink instead of toluene ink, and children's food packaging should not have too many colors.
2. The physical indicators and element content of food packaging must meet the standards, and it is absolutely not allowed to use materials that may be harmful to health to package food.
3. The Food Standards Bureau has a special department to monitor food packaging, requiring that the packaging must be printed with a "qualified label" and indicate the heat-resistant temperature.
4. The materials that food may come into contact with belong to food packaging, including not only ordinary plastic bags and paper bags, but also coatings in cans, container lids and sealing materials at openings.
Second, what kind of product packaging is infringement?
The patented product of design is a commodity with more daily life than the patented product of invention and utility model. Ordinary consumers tend to ignore the nuances of similar products, while professionals can easily distinguish them. When judging whether the accused infringing product is the same as or similar to the patented product of design, it is obviously unfair to the obligee from the professional point of view. Therefore, judging the infringement of design patent should be based on the aesthetic observation ability of ordinary consumers, not the aesthetic observation ability of professional and technical personnel in the field of design patent. For the same or similar products, if ordinary consumers generally pay attention to avoid confusion, it does not constitute infringement, but if ordinary consumers still pay attention to confusion, it constitutes infringement.
1, visual observation.
To judge whether the accused infringing product is the same as or similar to the patented product of design, it is necessary to judge whether ordinary consumers will be confused when observing with the naked eye, and it is impossible to analyze and compare the parts that cannot be observed with the naked eye by instruments or chemical means. Observation should be based on the similarity and difference of the easily visible parts of the product.
2. Observe in isolation and compare directly.
When making a specific judgment, we should first separate the patented product of design from the product accused of infringement, and there should be a certain interval in time and space when observing it. This isolated observation method can make the judges have an intuitive feeling about the two products, which is the first impression. Secondly, put the two products together, and the judges will directly compare and analyze the designs of the two products, so as to describe their similarities and differences, upgrade perceptual knowledge to rational knowledge, and finally draw a conclusion whether they are the same or similar.
3. Overall observation and comprehensive judgment.
To judge whether the appearance design of the accused infringing product is the same as or similar to that of the patented product, we should not only start from the local design, or separate the various parts of the appearance design, but also start from the whole, observe all its elements as a whole, and make a comprehensive judgment on the main components and innovations of the appearance design of the two products on the basis of the overall observation.
Third, how to punish packaging infringement?
Packaging infringement may involve civil intellectual property tort liability and criminal liability. The amount of civil compensation for packaging infringement depends on the losses suffered by the infringed operator. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests.
If it is investigated and dealt with by the industrial and commercial authorities, a fine of more than one time and less than three times the illegal income shall be imposed according to the circumstances; If the circumstances are serious, the business license may be revoked; If selling fake and inferior commodities constitutes a crime, criminal responsibility shall be investigated according to law. Sentencing shall be carried out in accordance with the provisions of Article 140th of the Criminal Law of People's Republic of China (PRC). If only the infringed person files a civil lawsuit, there will generally be no such punishment.
Legal basis:
People's Republic of China (PRC) Food Safety Law
Article 33 Food production and marketing shall conform to food safety standards and meet the following requirements:
(1) Having food raw material processing, food processing, packaging and storage places suitable for the variety and quantity of food produced and operated, keeping the environment of the places clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources;
(2) Having production and operation equipment or facilities suitable for the variety and quantity of food produced and operated, and having corresponding equipment or facilities for disinfection, dressing, washing, lighting, lighting, ventilation, anticorrosion, dustproof, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage;
(3) Having full-time or part-time food safety professionals and technicians, food safety managers and rules and regulations for ensuring food safety;
(4) Having a reasonable equipment layout and technological process, so as to prevent the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and avoid the food from contacting with toxic and unclean substances;
(5) Tableware, drinking utensils and containers for directly edible food shall be washed and disinfected before use, and cookware and utensils shall be washed and kept clean after use;
(6) Containers, tools and equipment for storing, transporting, loading and unloading food shall be safe and harmless, kept clean to prevent food contamination, and meet special requirements such as temperature and humidity required to ensure food safety, and food shall not be mixed with toxic and harmful substances for storage and transportation;
(seven) directly imported food should use non-toxic and clean packaging materials, tableware, drinking utensils and containers;
(eight) food production and marketing personnel should maintain personal hygiene, food production and marketing personnel should wash their hands and wear clean work clothes, hats, etc. ; When selling directly imported unpackaged food, non-toxic and clean containers, sales tools and equipment should be used;
(9) Water use shall conform to the hygienic standards for drinking water prescribed by the state;
(10) The detergents and disinfectants used shall be safe and harmless to human body;
(eleven) other requirements stipulated by laws and regulations.
Non-food producers and operators engaged in food storage, transportation and loading and unloading shall abide by the provisions of Item 6 of the preceding paragraph.