Decision of the Standing Committee of Zhejiang Provincial People's Congress on Amending the Regulations of Zhejiang Province on Patent Protection and Other Fourteen Local Regulations

I. Amend the provisions of the following laws and regulations that violate the right of administrative compulsory creation.

1. The words "products, materials, special tools and equipment related to patent violation cases" in the second paragraph of Article 24 of the Regulations on the Protection of Patents in Zhejiang Province are amended as "products proved to be counterfeit patents".

2. Article 51 of the Regulations on Fishery Management in Zhejiang Province is amended as: "Anyone who violates the provisions of the second paragraph of Article 19 of these Regulations and fails to carry his fishing license with him or fails to reissue it in time after loss shall be given a warning and may be fined not more than 1,000 yuan."

3. Amend Item 3 of Article 20 of the Regulations on Anti-unfair Competition in Zhejiang Province to read: "Inspect places and property related to unfair competition; In the case that the evidence may be lost or difficult to obtain in the future, it can be registered and preserved in advance according to law. "

Delete "or seizure of property" in Article 21, Item 2 of Article 34 and Item 4 of Article 34.

4. Amend the third item of the first paragraph of Article 31 of the Regulations on Advertising Management in Zhejiang Province to read: "Check the places and property related to the suspected illegal advertising behavior; In the case that the evidence may be lost or difficult to obtain in the future, it can be registered and preserved in advance according to law. "

5. Amend Item 2, Paragraph 2, Article 55 of the Measures of Zhejiang Province for Implementing the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC) Province to read: "Inspect the places and property related to illegal acts, and order the inspected operators to explain the source and quantity of the goods, and order them to suspend the sale of goods or provide services; In the case that the evidence may be lost or difficult to obtain in the future, it can be registered and preserved in advance according to law. "

Delete "detention" in item 3.

6. Item 4 of Article 24 of the Regulations on the Management and Supervision of Contract Behavior in Zhejiang Province is amended as: "In case the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance according to law."

7. Paragraph 2 of Article 41 of the Regulations on the Management of Water Resources in Zhejiang Province is changed to Article 49, which is amended as: "Whoever violates the provisions of Article 27 of these regulations and fails to build water intake facilities in accordance with the approved water intake conditions shall be ordered by the water administrative department at or above the county level to stop illegal construction and make corrections within a time limit; If it is not corrected within the time limit, it will be corrected on its behalf, and the required expenses will be borne by the offender, and a fine of not more than 50,000 yuan may be imposed. "

Paragraph 3 of Article 41 is deleted.

8. Amend the first paragraph of Article 20 of the Regulations on AIDS Prevention and Control in Zhejiang Province to read: "When the public security organs seize prostitutes and prostitutes, they shall promptly notify the local disease prevention and control institutions to conduct compulsory AIDS testing; After receiving the notice, the disease prevention and control institution shall conduct timely detection; Those who meet the conditions for receiving education and reeducation through labor shall receive education and reeducation through labor according to law. "

9 "Zhejiang Province special equipment safety management regulations" in the second paragraph of article twenty-fifth "overdue correction, be confiscated or forced to dismantle and destroy" is amended as "overdue demolition and destruction, be confiscated". Two, the following violations of laws and regulations to make changes.

10. The words "on behalf of waterway management institutions" in Article 42, paragraph 1, and Article 44 of the Regulations on Waterway Management in Zhejiang Province are amended as "on behalf of transportation authorities or the third person entrusted by them according to law".

The phrase "executed by the waterway management agency" in Article 45 is amended as "ordered by the waterway management agency to execute within a time limit; If it fails to perform within the time limit, it shall be performed by the competent transportation department or a third person entrusted by it according to law. "

1 1. The "recovered by the fishery administrative department" in Article 43 of the Regulations on Marine Environmental Protection of Zhejiang Province is amended as "ordered by the fishery administrative department to make corrections within a time limit; If it is not corrected within the time limit, it shall be recovered by the fishery administrative department. "

12. Amend Article 61 of the Regulations on Animal Epidemic Prevention in Zhejiang Province to read: "In violation of the provisions of the first paragraph of Article 22 of these Regulations, if the keepers of dogs and other animals fail to vaccinate dogs and other animals in accordance with the provisions of the people's government at or above the county level, the supervising agency for animal health shall order them to make corrections and give them a warning; Those who refuse to make corrections shall be fined not more than 1,000 yuan. " Three, make amendments to the following laws and regulations that do not meet other provisions of the administrative compulsory law.

13. Paragraphs 1 and 2 of Article 53 of the Regulations on Highway Management in Zhejiang Province are merged into the first paragraph, which is amended as: "If the vehicles driving on the highway cause great damage to the highway, the responsible person must stop immediately, protect the site, report to the highway management organization in time, and leave after investigation and handling by the highway management organization. Highway management agencies shall conduct an investigation within seven working days and make a decision. "

The third paragraph is changed to the second paragraph, which is amended as: "If the responsible person refuses to accept the on-site investigation and handling by the highway management organization, the highway management organization may detain his vehicle according to law. Where a vehicle is detained, a detention certificate issued by the provincial traffic administrative department shall be issued; The detained vehicle shall be properly kept and shall not be used. "

14. Paragraph 3 of Article 36 of the Regulations on Waterway Transportation Management in Zhejiang Province is deleted.

In addition, according to this decision, the individual words and provisions of relevant laws and regulations are revised and adjusted accordingly.

This decision shall come into force as of the date of promulgation.