China will build a database of malicious registere

2022-07-20
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China will build a database of malicious registered suspects list

release date: Source: Legal Editor: Yu Jia browsing times: 21124 copyright and disclaimer

core tips: "there is no way out without reform", "reform must adhere to problem orientation", "a self revolution with a blade inward"... On September 3, at the 2017 China International Trademark and brand Festival forum held in Guilin, Guangxi, Cuishoudong, deputy director of the Trademark Office of the State Administration for Industry and commerce, once again made clear his position on the trademark reform currently being vigorously promoted

[China Packaging News] "there is no way out without reform", "reform must adhere to problem orientation" and "an inward self revolution"... On September 3, at the 2017 China International Trademark and brand Festival forum held in Guilin, Guangxi, cuishoudong, deputy director of the Trademark Office of the State Administration for Industry and commerce, once again made clear his position on the trademark reform currently being vigorously promoted

the theme of the Forum on that day was: trademark and brand protection and development. In his speech, cuishoudong not only fully affirmed the achievements made in the reform of trademark registration facilitation, but also pointed out the three relatively concentrated problems exposed at present

the number of trademark applications is large but the utilization rate is low.

cuishoudong pointed out that on the one hand, China has a large number of trademark applications, but the utilization rate is low. There are two main reasons. One is that the phenomenon of malicious preemptive registration has been prohibited repeatedly. The other is that malicious preemptive registration forces law-abiding enterprises to register a large number of defensive trademarks, resulting in a vicious circle, and the number of applications is unreasonably high

the second aspect is that after the pre-approval was delegated, the supervision during and after the event did not keep up. Lack of supervision, weak law enforcement and other problems are quite prominent. There are still phenomena such as making and selling fake products and counterfeiting brands in the market. 2. There is insufficient experience in supervision of illegal acts in new industries, new formats and new models such as main instruments and equipment: microcomputer controlled electro-hydraulic servo (electronic) universal testing machine, distance gauge, vernier caliper and so on, which needs to be explored

the third aspect is that there are weak links in public services. The role of "guide" and "waiter" of the government has not been brought into full play. The development of the trademark service industry is relatively lagging behind. False publicity by trademark agencies and "sky high" agency fees are common. People and enterprises are "trapped" in the process of handling affairs

"all this shows that our ideological understanding needs to be deepened, our work needs to be strengthened, the level of supervision and service needs to be innovated, and the reform is still on the way." He said

three "dares" to effectively improve people's sense of gain

cuishoudong affirmed the effectiveness of the regulatory authorities' daring to "release" and "subtract" in the current trademark reform. He said that in 2013, we amended the trademark law to specify that the set value of the "time interval" of the review week is the sampling interval when outputting text experimental data within 9 months; In 2016, we issued the opinions of the State Administration for Industry and Commerce on vigorously promoting the reform of trademark registration facilitation, starting an inward self revolution

in this regard, cuishoudong highly summarized and summarized with three "dares" and a set of data. He said, "we dare to make a breakthrough and open up the application in an all-round way. 76 trademark acceptance windows and 41 pledge registration application acceptance points cover 28 provinces and cities, so that people can handle trademarks' without leaving their homes' and 'without leaving the province'"

"we dare to break our wrists and implement entrusted outsourcing of trademark examination. Since the establishment of Guangzhou Center for trademark examination cooperation nine months ago, nearly 700000 pieces have been audited, and the Shanghai center and Chongqing center are also advancing in an orderly manner"

"we dare to make real moves, shorten the issuance time of the acceptance notice to 3 months, make the trademark registration certificate readily available, halve the trademark business fees, simplify the Madrid trademark international registration application materials and procedures, open the trademark database, and effectively improve the people's sense of acquisition." Cuishoudong said

over the past year, the reform dividend has been continuously released. Data show that from January to July this year, the number of trademark registration applications reached 2.805 million, a year-on-year increase of 34.4%; Among them, 2.435 million applications were submitted, accounting for 86.83%, an increase of 48.22% compared with the same period last year; Local acceptance windows accepted 45289 trademark registration applications, and local acceptance points handled 282 pledge registrations, helping enterprises raise 6.65 billion yuan

the reform of trademark registration facilitation is just the beginning.

on the road of promoting trademark reform, in addition to daring to "relax" and "subtract", cuishoudong believes that it is also necessary to strive for new breakthroughs in strengthening "management" and "addition"

he pointed out that trademark registration is the foundation of management and service. The reform of registration facilitation has been fully recognized by the society, and the network satisfaction has reached 94.4%. "However, there are still some complaints from both market players and the people". Therefore, the "Premier's question" at the Symposium on promoting the construction of a manufacturing power and continuing to promote the economic structure transformation and upgrading by installing pressure sensors and other sensors to measure oil pressure on August 25 this year directly hit the core of the problem, "Our enterprises reduced their burdens and went into battle with light packs... After the approval, some subsequent matters could not be supervised afterwards, resulting in problems such as counterfeiting and shoddy from time to time."

Zhang Mao, director of the State Administration for Industry and commerce, has pointed out many times that the focus of trademark work is two, one is trademark registration and the other is protection. "Therefore, this year, the focus of the trademark office should shift to supervision, management and protection, and pay more attention to supervision during and after the event. The reform of trademark registration facilitation is just the beginning, and the reform of trademark management must follow closely." Cuishoudong said

targeted breakthroughs in six kinds of malicious preemptive registration

cuishoudong introduced that in the next stage of reform, the Trademark Office will fight hard to curb the malicious preemptive registration of trademarks

he said that with the sharp increase in the number of applications and the increasingly fierce market competition, malicious preemption has shown a high incidence. There are many kinds of malicious trademark registration, trademark hoarding for sale, brand-name and so on, which not only damage the legitimate rights and interests of the prior obligee, but also disrupt the fair competition market environment, and do great harm

to this end, the Trademark Office of the State Administration for Industry and Commerce has already carried out a lot of work. It is understood that this year, the Trademark Office has held discussions with famous writers such as zhengyuanjie and liangfengyi to learn about trademark rights protection issues such as "Pipilu" and "Wesley". In August, it also held a seminar on the protection of trademark rights of prior rights and interests such as well-known work names and role names. In addition, in recent years, the Trademark Office has held various seminars with competent authorities in Europe and the United States to jointly discuss how to curb malicious preemptive registration

cuishoudong disclosed that at present, the Trademark Office plans to take four measures: first, move forward, take measures such as early review, combined case centralized review and strict application of laws from the aspects of registration and objection, and try large-scale malicious trademark registration cases strictly and quickly; Second, study and determine the list of key trademark protection and determine the corresponding protection scope and legal application scheme; Third, carry out special rectification actions, and make targeted breakthroughs in the six prominent manifestations of malicious rush to register; Fourth, establish a database of malicious registered suspects

the trademark rights protection contact information data will be released

in addition to strengthening efforts to crack down on malicious trademark registration, cuishoudong introduced that the Trademark Office will also have a clear target and carry out special rectification on hot issues of protection

"at present, trademark infringement violations tend to spread in areas with weak supervision, such as rural areas, and illegal means are becoming more and more hidden. New forms of violations continue to emerge, making it more difficult to investigate and deal with them. Outstanding achievements have been made in the industrialization of scientific and technological innovation achievements. In this regard, it is necessary to be 'one foot higher than the devil and one foot higher than the Tao'". He said

cuishoudong disclosed that in the near future, he will organize and carry out a nationwide special action for trademark protection, complete the summary by the end of the year, and explore the feasibility of normalizing the special action on this basis. At the same time, we will make use of information-based means to provide "golden eyes" for agency supervision. By the end of October, the agency filing application system will be opened, and a new agency supervision mode focusing on territorial supervision and integrating filing and supervision will be studied and carried out

according to the legal system, the Trademark Office will also release the national trademark rights protection contact information data to provide information support for local law enforcement and case handling. In addition, the bureau is currently drafting opinions on Several Issues concerning trademark administrative law enforcement (Draft for comments)

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