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Recognition And Protection Of Well-Known Trade Names, Wuxi City Approach

Original Language Title: 无锡市知名商号认定和保护办法

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Identification and protection options for renowned business No.

(Adopted by the 31st ordinary meeting of the Government of the Community of 21 December 2010 No. 117 of 24 December 2010 by Order No. 117 of the Government of the Community of the Republic of China, effective 1 February 2011)

Article 1 protects corporate intellectual property and maintains a fair competition order, in line with the laws and regulations of the People's Republic of China anti-just competition law, enterprise name registration regulations, etc., in the light of the actual practice of the city.

Article 2 refers to the trade number referred to in this approach, and to the words “and, in addition to the administrative, industrial or operational characteristics, organization of the enterprise name, there is a significant difference between the symbolic language of other enterprises.

This approach refers to the existence of a higher commercial reputation, known to the relevant public and determined by the business.

Article 3. The determination, use, management and protection of business renowned businesses in the city's administration area shall apply.

Article IV. Governments at all levels should incorporate the management and protection of renowned businesses into the intellectual property protection system, establish and improve the management mechanism of renowned businesses, and organize the coordination of the protection of renowned businesses in the relevant sectors.

Article 5 is responsible for the identification and protection of eminent businesses.

The executive branch is well identified and protected in accordance with its respective responsibilities.

Article 6. Industry associations should strengthen industry self-regulation, stifle the creation of a pool of eminent businesses, strengthen the creativity and protection of the renowned business, promote the creation of an enabling and incentive-building mechanism and assist in the identification and protection of the business administration sector.

Article 7. The determination of the renowned business should respect history and uphold the principles of openness, equity, justice and integrity.

Article 8

(i) Registration in the city;

(ii) For more than five years of continuous commercial use;

(iii) The uniqueness of trade numbers and the high degree of market awareness and credibility;

(iv) Major economic indicators such as sales (commercial), tax and market ownership rates are nearly three years in the current city industry;

(v) There is a sound management system with no quality accidents for three consecutive years;

(vi) Improved after-care services and a low rate of consumer complaints;

(vii) No serious violation of the letter of proof for three consecutive years;

(viii) Other conditions under the law, regulations and regulations.

Business found to be the old term is not restricted by the terms of subparagraphs (iii), (iv).

Article 9 states that:

(i) The designation of generic names, administrative areas or their symmetries;

(ii) Booklets with prominent names, rivers, lakes, sea, mountains and landscape names;

(iii) The use of correspondence with common or public goods.

Historical formation, social recognition and adversarial trade numbers are not restricted by the preceding paragraph.

Article 10 Business applications for identification of eminent persons should be submitted to:

(i) Written requests;

(ii) An effective certificate of the start-up period used by the Enterprise;

(iii) A copy of the business licence;

(iv) Effective certificates of honour or awards obtained by enterprises;

(v) Business performance certificates for nearly three years;

(vi) Relevant certified material on market tenure in the industry;

(vii) A certification of the product quality (service) management system and a management system for business;

(viii) A certificate of the quality of consumer complaints from the location Consumer Association for almost three years;

(ix) Other material provided by law, regulations and regulations.

Article 11. Eminents are found to be processed according to the following procedures:

(i) The identifier's determination that the applicant submits the required material to the business administration in the enterprise location under article X;

(ii) In the form of written clearance or field trips by the business administration sector at the enterprise location, the applicant's submission is first instance and the first instance of the opinion;

(iii) Approval of the first instance opinion by the municipal and commercial administrations and the development of a list of eminent businesses;

(iv) The Eminent Business Review Committee conducts the evaluation of enterprises that meet the identifiable conditions of the business, submits the list of recommendations to be presented by the municipal and commercial administration to the society;

(v) No objection has been made by the 30th date, or there is no objection to the investigation, which is made public by the municipality's business administration and the issuance of a certificate of excellence.

Article 12 Eminents' Evaluation Commissions are generally more than seven singles, consisting of members of the executive branch, industry associations and experts, scholars, lawyers, whose administrative services are not more than half.

The Eminent Business Review Committee shall carry out the evaluation process, without interference by any unit or individual.

The Eminent Business Review process was developed by the municipal and commercial administration.

Article 13. The members of the evaluation committee shall exercise their duties objectively and impartially and shall conduct the evaluation of the number of eminent persons in accordance with the procedure set.

Article 14. Eminenters have an effective period of five years from the date of the proclamation.

Eminents have expired and should be re-identified in accordance with the procedure set out in article 11 of this approach.

Article 15 Eminents may use sensitisations such as packagings, notes, etc.

Units and individuals do not have access to the Eminents' Digestion, which may not be used by the Eminents for advertising.

Enterprise development is encouraged to be locked or operated by allies.

Article 16, the name of the enterprise approved by the registry body, shall not be the same as the number of known businesses or the words or words, except for investment relations.

Unless the owner's licence is known, other businesses and individuals may not use the same or word as the sensitivities, the language that may give rise to public error.

Article 17, which is registered by law, may continue to be used in the same and similar manner as the Eminent, but does not permit the use of other enterprises and shall not conduct public awareness that may give rise to public misconceptions.

In one of the following cases, the city's business administration revoked its Eminents and reported to the Government of the city:

(i) Restructuring, forfeiture of material and forfeiture of prominenters;

(ii) Seriously harm the legitimate rights and interests of consumers, operators;

(iii) There are other violations that have a negative impact on society;

(iv) Business loss of other identification conditions.

Article 19 was revoked by an renowned business and no one could be found again in five years.

Article 20, in violation of article 15, paragraph 2, of the present approach, provides that units and individuals do not have access to a number of eminent persons, either in the name of the renowned trademarks, such as packaging, a statement or in the use of the renowned business, are converted to the time limit and punished in accordance with the provisions of the relevant legislation.

Article 21, in violation of article 18, paragraph 1 (i), of this approach, sets aside false testimony, deceptive of business renowned businesses, and the business administration sector may impose a fine of more than 1,000 yen.

Article 22 Staff members of the State organs, in their determination and protection efforts, favour private fraud, abuse of authority, play of negligence, are governed by the law by their units or superior administrative authorities; constitute a crime and hold criminal responsibility under the law.

Article 23 Findings and protections of an individual business renowned business and acclaimant are implemented in the light of this approach.

Article 24