Key Benefits:
(Adopted at the 63th ordinary meeting of the People's Government of the Province of San Suu Kyi on 6 February 2006 No. 185 of the People's Government Order No. 185 of 21 February 2006 for publication of implementation effective 1 April 2006) Article 1 effectively protects the legitimate rights and interests of prominent trademark owners, users and consumers, in accordance with the Trademarks Act of the People's Republic of China and the relevant laws, regulations and regulations, in conjunction with the practice of this province. Article II refers to the well-known trademark referred to in the administrative region of the province that enjoys a higher reputation, is known to the relevant public and is determined on the basis of this approach. Article 3 identifies and protects well-known trademarks and applies this approach. Article IV is responsible for the identification and protection of well-known trademarks by the provincial business administration sector; the municipality, districts (markets, districts) and the business administration sector in the establishment area assists the provincial and industrial administration in the identification and protection of well-known trademarks. Other sectors are based on their respective responsibilities. Article 5 identifies and protects well-known trademarks and should be guided by the principles of public, fair, fair and voluntary applications and special protection. Article 6. The famous trademark shall be in accordance with the following conditions: (i) The trademark is a domestic registered trademark and the place of the goods referred to by the trademark owner or by the trademark is in the administrative region of the province; (ii) The trademark shall be used by law for a period of three consecutive years from the date of the approval of the registration; (iii) The quality of the commodities referred to in the trademark and the advantages of the post-removal service in the same categories of commodities in the province, with higher visibility and good credibility in the relevant public; (iv) The main economic indicators, such as the trademark, for almost three years of production, sales, tax levies, market occupancy rates, are leading in the same category of commodities in the province and have a broader marketing region; (v) The owner of the trademark had not committed a violation of the right of the owner to register a trademark and other grave breaches of the operation; (vi) The trademark owner, the user has a strict trademark use, management and protection system. Article 7 requires that the following material be submitted: (i) The identification of the application form by a prominent trademark; (ii) A copy of the applicant's main qualification documents; (iii) A copy of the trademark registration certificate and its changes, extension, transfer certificate; (iv) The use, management and protection of trademarks; (v) Violations of trademark-marked rights; (vi) Advertising the trademark or the commodities referred to in the trademark for almost three years; (vii) The main economic indicators, such as sectoral authorities or industry associations, for nearly three years of production, sales, tax levies, market occupancy rates, and their ranking in provinces and domestic counterparts; (viii) The quality of the commodities referred to in the trademark in the relevant sectors; (ix) The operation and sale of commodities referred to in the trademark; (x) Other material that is known to the trademark. Article 8. The applicant may report directly to the provincial business administration sector in the municipal and commercial administration of the area where the request is made. The municipal and business administration in the area should be transferred within 10 days of receipt of the request. Article 9. The provincial and industrial administrations, within 30 days of receipt of the request, shall conduct a preliminary review of the applicant's material in accordance with article 6, paragraph 7, of the present methodology and make a decision of admissibility or inadmissibility. The applicant shall be informed in writing of the decision to be inadmissible and the request shall be returned to the applicant and the written statement of the reasons for the inadmissibility. The request material would need to be added and a written notice should be given to the applicant's time limit to be added; the late non-renewable was considered to have waived the application. Decides that the provincial and commercial administration authorities should issue a notice of the pre-emptive first instance of trademarks in the main media of the province. No unit or individual can object from the date of publication of the First Instance. Article 11. The provincial and industrial administration should review the authenticity, legitimacy and verify the submission of written clearances. During the period under review, views should be sought with respect to industry authorities, industry associations, consumer rights protection organizations, and, where necessary, relevant bodies could be entrusted with investigations. Industry authorities, industry associations, consumer rights protection organizations should provide written advice to the provincial business administration. Article 12 It was determined that the Commission was composed of experts from less than 30 people in the economic, legal, scientific and technical sectors and reported on the provincial Government. The Director of the Commission was found to be the main head of the provincial business administration. Article 13 identifies a well-known trademark each and consists of a well-known trademark determination group based on the categories and characteristics of the commodities referred to in the trademark. The determination should be based on well-known trademark applications, review opinions in the provincial and business administration and other views, and objective, impartial evaluation, determination. Article 14. It is determined to be a prominent trademark and shall be voted by all members of the group by secret ballot and adopted by more than two thirds. Members of the Group shall not be entrusted with the evaluation or voting of others. Article 15 determines that members of the Commission and other staff members participating in the evaluation of well-known trademarks may affect fair evaluation, determination and should be avoided. The applicant or the stakeholder considered that the members of the Commission and other persons involved in the evaluation and identification of the work of the well-known trademark should be avoided and could be presented in writing or orally to the provincial business administration. It was determined that members of the Commission and other persons involved in the evaluation of prominent trademarks and that the evasion of work was decided by the main heads of the provincial and industrial administration. Article 16, which has been determined by the well-known trademarks, has been issued by the provincial and business administration and issued a notice in the main media in the province; the applicant should be informed in writing. The commodities referred to in prominent trademarks are considered to be prominent commodities. Article 17 The well-known trademark owner and the user must use prominent trademarks in the goods approved by the law and shall not be allowed to expand their use. The well-known trademark owner and the user should guarantee the quality of the commodities used by the prominent trademark. Article 18 was valid for three years from the date of the announcement. Three months before the expiry of the effective period, the owner of the famous trademarks could submit an extension request to the provincial business administration. In line with the conditions set out in article 6 of this approach, the provincial and industrial administrations should be confirmed and publicized. Each extension period is three years. Article 19 Changes in the name, address or other registration matters by a prominent trademark owner, or the licence of another person to use his or her prominent trademark under the law, shall be submitted to the Ministry of Business Administration within 30 days of the date of the change of registration or the signing of the licence contract for the use of a prominent trademark. The name of the licensee and the place of commodity production must be indicated in the commodities used by the prominent trademark, subject to legal permission. The owner of the well-known trademark shall oversee the quality of the commodities used by the licensee for the use of the prominent trademark. Article 20, from the date of the proclamation, has been used by prominent trademarks, users of goods and their packagings, babies, statements, business correspondence, advertising, exhibitions and other operational activities to use the word “known trademarks” in the province of San Orientale. No one may use the word “known trademarks” without legal determination or without the consent of the owner. Article 21 does not carry out the following acts in the same category of commodities referred to in the famous trademarks: (i) A combination of the same or recent words, maps, letters, figures, trivials and colours, as well as the above-mentioned elements, as a commodity name, packaging, burial use or use as a non-registered trademark, and may result in a misconception of the relevant public; (ii) The use of the commodities referred to by prominent trademarks or their close name, packaging, babies, which may result in misconceptions by the relevant public. Article 2 is in the same or similar commodities as those referred to in prominent trademarks and will be used as commodity names, packaging, babies or as non-registered trademarks and may result in misconceptions of the relevant public, with well-known trademarks, scripts, figures, three vi markers and colour combinations and the combination of the above-mentioned elements as commodity names, packaging, loading or use as non-registered trademarks, and may result in public misconceptions. Article 23 would be used by others as an enterprise name, word, and would be detrimental to the well-known trademarks and the business administration sector would not be registered. However, the name of the enterprise and the registration of the word are the exception. Article 24 was infringed outside the administrative region of the province, with the benefit of the well-known trademark owner and the user. The provincial business administration should help resolve. Article 25 All prominent trademarks may transfer the trademark by law. The transferee shall continue to be used as a prominent trademark after the trademark is given by law and shall be re-appointed in accordance with the provisions of this approach. Article 26 is one of the following cases, with the provincial and commercial administrations withdrawing their famous trademarks and making public statements: (i) Access to prominent trademarks by providing false documents, materials, etc.; (ii) During the effective period of the well-known trademark, the quality of the commodities referred to by the prominent trademark and the surplus of the latter's services, or the significant decline in their production, sales, taxation, market ownership rates; (iii) Exclusively from the authorized scope of use, ordering its duration to change without change; (iv) The failure to apply for renewal or the review after application for renewal shall be incompatible with the conditions set out in article 6 of this approach; (v) Other grave breaches of the regulations governing the use of trademarks. The well-known trademark owner, the user has a former paragraph (i) and, for three years from the date of the release of the announcement, the business administration in the province shall not retake its claim. Article 27 evaluates, determines that a prominent trademark shall not be charged or charged to the applicant for any other cost, except for the payment of evaluation fees, notices. The specific criteria for evaluating fees, notice fees are determined by provincial prices in the same sectors as finance. Article 28 violates this approach, with one of the following acts, punishable by the provincial and industrial administrations according to the following provisions: (i) A warning that the period of time has not been altered and that a fine of up to 1,000 dollars has not been made available after the registration of the owner's self-removal or the signing of the licence contract for the use of the prominent trademark; (ii) The use of the term “known trademarks in San Oriental Province” without legal determination or without the consent of the owner of the famous trademarks, which is redirected to collect their trademarks and, in accordance with the circumstances, imposes a fine of up to €50 million; (iii) Individuals or users of well-known trademarks have been allowed to expand the authorized use of commodities referred to in the famous trademarks, to be corrected and, in accordance with the circumstances, to impose a fine of more than 30,000 dollars. (iv) Receiving well-known trademarks through the provision of false documents, materials, etc., the collection of commodity statements, packagings, babies, etc. in violation of the law, and the imposition of fines of more than 1,000 dollars in accordance with circumstances. Article 29 violates this approach by violating the well-known trademark rights of all prominent trademarks, or by imposing penalties under laws, regulations and regulations such as the People's Republic of China Trademark Act, the People's Republic of China's non-performance law. Article 33 The business administration sector and its staff have one of the following cases, and administratively disposed of directly responsible supervisors and other persons directly responsible, in accordance with the law; constituted an offence and held criminal liability under the law: (i) Evaluation and identification of well-known trademarks in violation of statutory procedures; (ii) Failure to fulfil the responsibility to protect prominent trademarks by law; (iii) The fees charged to the applicant in violation; (iv) Other abuses, provocative fraud and serious consequences. Article 33 found that the members of the Commission were misleading, in the course of the evaluation of the famous trademarks, in the identification process, in favour of private fraud, resulting in a serious error in the finding of the famous trademarks, which were withdrawn by the provincial and commercial administration and granted administrative disposal by their units or by the inspection authority. The specific identification criteria for prominent trademarks, as well as the determination of the qualifications, duration and specific identification procedures, rules, etc., are developed by the Ministry of Business Administration with the relevant departments and published by the Government of the province. The provisions of this approach on commodity trademarks apply to service trademarks, marks, collective trademarks. Article 34 of this approach is implemented effective 1 April 2006. |
