贵州省人民医院职工食堂的火腿月饼因"用料扎实、咸甜适中、口感酥香"而声名鹊起,成为当地的热销产品1。随着知名度提升,大量商家从街头摊贩到线上直播间纷纷打着"职工食堂直供"旗号跟风售卖仿冒品1。记者调查发现,打着"省医"或"职工食堂"旗号的月饼背后有数十家生产厂家1。
仿冒乱象中,产品包装以假乱真、品质参差不齐、生产环境堪忧1。其中,某款"长旺省医月饼"由贵州长旺实业发展有限公司生产,该公司注册的"省医月饼"商标已于2020年失效1。贵州八福食品有限公司在2018年至2021年间曾做过省医月饼代加工,随后于2022年自行注册了"贵医"商标1。对此,贵州医科大学附属医院官网提示称"贵医月饼"仅限在医院营养食堂销售和职工满客宝预订,除此外均不是正规销售渠道1。
律师张建朝指出,机关事业单位职工食堂经营范围仅限供应内部职工,面向公众大规模销售涉嫌超范围经营1。部分生产厂房生产环境恶劣,月饼厂房紧邻垃圾废料存储车间,污水流出1。"维权成本与赔偿不对等"是乱象屡禁不止的关键原因,单价仅几十元的月饼使得消费者维权成本高企1。专家指出,核心问题在于"身份边界模糊",需要厘清福利与商品的边界,同时监管部门应加大执法力度1。
The staff cafeteria at Guizhou Provincial People's Hospital has become famous for its ham mooncakes, which gained popularity due to their solid ingredients, balanced sweetness and saltiness, and crispy texture 1. As the mooncakes' popularity surged, numerous vendors—ranging from street peddlers to online livestream sellers—began marketing counterfeit versions under the guise of "direct supply from the staff cafeteria," with look-alike packaging, inconsistent quality, and questionable manufacturing conditions 1.
An investigation revealed dozens of manufacturers producing mooncakes bearing the "Provincial Hospital" or "Staff Cafeteria" branding 1. One such product, "Changwang Provincial Hospital Mooncake," is manufactured by Guizhou Changwang Industrial Development Co., Ltd., which registered the "Provincial Hospital Mooncake" trademark that expired in 2020 1. Guizhou Bafu Food Co., Ltd. previously served as a contract manufacturer for the Provincial Hospital mooncakes from 2018 to 2021 before independently registering the "Medical University" trademark in 2022 1. Meanwhile, the official website of Guizhou Medical University Affiliated Hospital has issued a notice stating that "Medical University mooncakes" are sold exclusively through the hospital's nutrition cafeteria and employee pre-ordering platform, with all other sales channels being unauthorized 1.
Legal experts highlight the core issue as blurred organizational boundaries. Attorney Zhang Jianzhao noted that staff cafeterias at government agencies and public institutions are only authorized to supply internal employees, and large-scale public sales constitute unauthorized business expansion 1. The counterfeit operation persists partly because some production facilities operate in deplorable conditions, with mooncake factories located adjacent to garbage and waste storage areas with leaking sewage 1. The disparity between consumer compensation and the costs of pursuing legal action—given that individual mooncakes retail for merely dozens of yuan—has become a key factor enabling these violations to continue unchecked 1.
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