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(Effective
Date: August 1, 1995)
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.
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