China provides a system guarantee for its evaluation of brand names of goods after publication of relevant measures by its Ministry of Commerce on January 9, which provides "special protection" of IP of brand names. This is another new measure taken by the MOC after its earlier one by which to grant "China Old Shop" brand name, to evaluate "Golden Top Brand" stores and to encourage development of brand business products.

 

In accordance with the Measures for Evaluation and Protection of Brand Names in the Business Area(trial) (Measures below) promulgated by the Ministry of Commerce a few days ago, if any imported goods encroaches upon intellectual property of any brand evaluated by the MOC and causes damage to the order of China foreign trade, the MOC will ban the importation of them. 

If any brand-name enterprise faces unjustifiable competition or dispute over its domain name in addition to the damage of its IP, the MOC will, in cooperation with other relevant administrative departments, handle the case according to law, protect the brand name as assessed by the MOC itself, and submit the suspected offender to the judicial authorities for disposal. Additionally, a fine of below 3,000 yuan will be imposed in case of forgery or sale of such brand name.

After granting such brand name as "China Old Shop" related responsible people of the ministry suggested that an "exit mechanism" should be implemented. The recently issued Measures includes these contents: if any brand-name enterprise commits tort or causes any accident of substantial damage, its brand-name will be revoked and the enterprise will suffer a punishment of three years at longest during which it cannot apply for evaluation of its brand name.

Regarding the cost of brand-name evaluation and its covert operation, the Measures prescribes that any unit or individual is prohibited from charging whatever form of expense or conducting any profitable activities. If any local commercial administration or trade association embezzles and abuses powers in such evaluation and selection, it will be held accountable for its criminal liability.

 

( China Economic Net)

2007-01-12

2007-01-12