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REGULATIONS
CONCERNING THE ADMINISTRATION ON TRADEMARKS IN FOREIGN TRADE
Article 1 For
the purpose of safeguarding the business order of foreign trade,
preserving the legitimate rights and benefits of trade mark
registrant, encouraging enterprises to explore international market
by adopting trade mark strategy and promoting the development of
foreign trade of the country, the present Regulations are formulated
in compliance with "Foreign Trade Law of the People's Republic
of China" and "The Trademark Law of the People's Republic
of China "(hereinafter referred to as "The Trademark Law").
Article 2 Ministry
of Foreign Trade and Economic Cooperation (hereinafter referred to
as "MOFTEC") and the State Administration of Industry and
Commerce (hereinafter referred to as "SAIC") are
responsible for the administration, supervision and guidance of
trademark-related work in foreign trade in the country.
Article 3 The
Foreign Trade and Economic Cooperation Commission (Bureau,
Department ) (hereinafter referred to as "the Local Department
in charge of Foreign Trade and Economic Cooperation"), and
Administration of Industry and Commerce (hereinafter referred to as
"the Local Department in charge of Industry and Commerce")
in every province, autonomous region, municipality and city with
independent planning power shall be responsible for the
administration, supervision and guidance of trademark-related work
in foreign trade in its administrative area.
Article 4 Every
chamber of commerce of importers and exporters shall, in accordance
with its Article of Association and relevant laws and regulations,
conduct the supervision, co-ordination and provision of advises and
service to its member enterprises in respect of using trademarks.
Article 5 Trademarks
stipulated in the present Regulations refer to commodity trademarks,
service trademarks and other trademarks approved and registered by
the State Administration of Industry and Commerce.
Article 6 The
management and adoption of trademarks in foreign trade shall abide
by "The Trademark Law" and the relevant laws and
regulations and accept the guidance, supervision and review by
concerned departments.
Article 7 Foreign
trade dealers enjoy the right to use and manage its registered
trademark entitled by the law which shall not be intervened by any
organization or individual.
Article 8 Foreign
trade dealers shall, in accordance with the actual situations in
their own organizations, set up offices and amplify the system to
manage trademark, handle the work of registering trademark at home
and abroad in due course, formulate trademark strategy and establish
famous trademark.
Article 9 Foreign
trade dealers can only use the registrant's registered trademark
with its permission and through a licensed contract with the owner
of the registered trademark.
The owner of the
registered trademark shall strictly supervise the execution of the
licensed contract for trademarks in order to guarantee the product
quality and safeguard the credit of the licensed trademark.
The licensee shall
strictly observe the license contract for using the registered
trademark and do the will of the licenser regarding the sales
markets, customers, prices, quality and advertisement.
The licensee shall
not re-license the licensed registered trademark to others.
Article 10 In
the process of doing foreign trade business, when foreign trade
dealers use the trademarks designated or provided to use by others,
they shall ask the other party to present and check the true and
effective trademark certificates of exclusive rights or certificates
which offer the licensee to use the trademark and do not exceed the
license coverage. The said trademarks shall not be identical or
similar to those trademarks registered in the same or similar
commodities in our country. The package and decoration of the
commodities with the said trademarks shall not be identical and
similar to those which had been used in our country by others.
Article 11 When
Sino-foreign equity or contractual joint ventures intend to use the
registered trademarks owned by either party, it shall be clearly
stipulated in the agreements of the equity or contractual joint
ventures. Before the Sino-foreign equity or contractual joint
ventures make an application to register the trademarks in the name
of the joint ventures, an agreement shall be signed to determine the
ownership of the said trademark after the contracts of the joint
ventures terminate.
Article 12 When
foreign trade dealers purchase, make the sale in the way of agency,
or conduct such marketing activities as advertisement, promotion and
exhibition, they shall make sure that the trademarks used in the
commodities shall not violate "the Trademark Law" and
other relevant regulations. If the trademarks used in the
commodities do not belong to the suppliers, foreign trade dealers
shall strictly check and examine the trademark license contract held
by the suppliers. In case that the suppliers do not have the right
to supply the commodities or entrust others to do agency export, the
commodities should not be purchased by the foreign trade dealers.
Article 13 Foreign
trade dealers shall refrain from taking the following actions:
(1) Actions
prohibited by "The Trademark Law "and "Implementation
Measures of the Trademark law";
(2) To apply for
the registration and use of the trademarks in the name of itself or
others in foreign countries, which have been registered by others in
foreign countries, which have been registered by other parties in
our country;
(3) To use the
package and decoration in its own commodities which are identical to
those adopted in the same kinds of commodities of the others, or use
the written illustration which is deceiving, false or might lead to
miss-guidance;
(4) The trademarks
of the commodities imported by foreign trade dealers forge a
violation of the "The Trademark Law" of our country and
other relevant laws, regulations, policies or relevant international
conventions or treaties;
(5) To forge damage
by registering trademarks for others and cause the disorder in
foreign trade.
Article 14 Foreign
trade dealers violating the present Regulations shall bear the
following punishment along with the punishment made by the State
Administration of Industry and Commerce in accordance with "The
Trademark Law" and "Implementation Measures of the
Trademark Law":
(1) To issue a
circular of criticism;
(2) To make
administrative punishment or urge the relevant departments in charge
to make administrative punishment to the leaders of the violating
units and those who are directly responsible for the violation;
(3) To suspend or
deprive the right to participate in import and export commodities
fairs of all kinds;
(4) To deduct
export quotas;
(5) To suspend or
deprive the right of the violating units to handle the import and
export of commodities under certain category;
(6) To suspend or
deprive the right of the violating units to do foreign trade
business.
Article 15 The
Local Department in charge of Foreign Trade and Economic Cooperation
and the chambers of commerce of importers and exporters may make the
punishment accordingly within its administrative power to those
foreign trade dealers who violate the Trademark Laws, regulations
and policies.
Article 16 When
the departments in charge investigate into the cases of infringement
of trademark rights, the concerned units or individuals shall offer
cooperation. If any of the following behaviors is found, a circular
of criticism or warning may be issued, and the legal representatives
of the enterprises and the individuals directly responsible for the
infringement shall receive administrative punishment accordingly. In
case the infringement is serious enough to violate the criminal laws,
they shall be handed over to the judicial institutions for
investigation of the criminal responsibilities.
(1) To hide the
facts and suppress the truth, give false evidence, or hide and
destroy evidence;
(2) To reject the
provision of related contracts, documents, materials and other
documents in evidence;
(3) To unreasonably
reject the explanation and give the facts within the stipulated
period of time and in the stipulated venue on the raised questions
and requests;
(4) To disturb the
investigation in other ways.
Article 17 If
staff members of the departments in charge at all levels are found
to cover up criminal actions, bend the laws for the benefits of
relatives or friends, or neglect their duties, the departments where
the staff members work or the departments at a high level shall make
administrative punishment thereof. If the circumstances are serious
enough to violate the criminal laws, they shall be handed over to
judicial institutions for criminal responsibilities.
Article 18 MOFTEC
shall be responsible for the interpretation of the present
Regulations.
Article 19 The
present Regulations shall enter into force as of August 1, 1995. |
