In Implementing the State Exempted Inspection on Product Quality, Priority is Laid on Independent IP Products

Recently, the "Standards for the Work of the State Exempted Inspection on Product Quality" (hereinafter referred to as the "Standards"), formulated by the General Administration of Quality Supervision, Inspection and Quarantine was promulgated.  The "Standards" provides preferential arrangements for the industries having independent intellectual property rights or belonging to the independent innovative-type in terms of the category of the products for exempted inspection and the conditions for application.

Based on the principle of promoting independent innovation, the "Standards" gives priority to the implementation of the exempted inspection in the industries having independent intellectual property rights and, independent trademarks or belonging to the independent innovative-type.  Through the implementation of the exempted inspection system, the eminent enterprises that are strong in independent innovation and market impacts and with good economic effect will be promoted, so that they will become big and strong, with their development accelerated.  Besides, the "Standards" also put forward the principle of implementing the scientific approach of development, the principle of accelerating the development of circulation economy, the principle of guiding the consumers and the principle of ensuring quality safety.  Through the implementation of the exempted inspection system, energetic efforts should be made to push the strategy of outdoing others by quality.  Effective steps have to be taken to upgrade the overall competitive edges of the Chinese industrial and product enterprises and promote the sound and speedy development of the economy and the society.

Focusing on the conditions and procedures for application, the "Standards" provides that the product of the enterprise must have its trademark before making application.  And the applying enterprise must be the legitimate user of the said trademark.  Pursuant to the ownership relations of the applying enterprise over the trademark, the "Standards" also provides the four stipulations in detail as follows: One, if the enterprise owns an independent trademark, the Certificate for Registration shall be provided; Two, if the enterprise has applied for a trademark registration but the Certificate for Trademark Registration has not yet been granted, the Acceptance Notice for Trademark Registration issued by the Trademark Office (TMO) shall be provided; Three, if the trademark for use is obtained through alteration from the other enterprises, institutions and individuals according to the law, the approved public announcement for the alteration of the trademark must also be provided, while submitting the Certificate for Trademark Registration; Four, if the trademark is permitted by other enterprises, institutions and individuals for use, the contract of approval for use filed to TMO for record must be provided.The "Standards" also provides that priority consideration should be given to the products having independent intellectual property rights, independent brand-names and the enterprises having independent innovation capability in their application for the exempted inspection status.  The products and the manufacturing enterprises must conform to the related requirements of the relevant laws and regulations as well as the industrial policies of the State. The applying enterprise shall provide the relevant certificates in accordance with the stipulations of the law and regulations.

It is learned that the "Standards" put forward the requirements for the work of the exempted inspection on product quality in terms of confirmation of the category of the product for exempted inspection, application, examination and approval, re-application, certification and indication.

 

 

2013-07-17