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State administration for industry and commerce to carry out the protection of geographical indications
Trademark special action to inform
Various provinces, autonomous regions and municipalities directly under the administration of industry and commerce, market supervision and regulation department:
For implementation of the central committee of the communist party of China under the state council on accelerating the development of modern agriculture to further enhance the vitality of rural development certain opinions ", in-depth implementation of the trademark rich peasant project, strengthen the geographical indications of agricultural products and trademark protection work, to crack down on infringement of the geographic marks, and agricultural products to the exclusive use of a trademark, earnestly safeguard the legitimate rights and interests of trademark obligee and consumers, according to the general office of the state council on the implementation of the central committee of the communist party of China under the state council on accelerating the development of modern agriculture to further enhance the vitality of rural development division of several opinions about policies and measures of notice, the state administration for industry and commerce decision, since April 1, 2015 to September 30, 2015 to carry out the protection of geographical indications for half a year trademark special operation. Regarding the notify is as follows:
A, the work target
By conducting special operation, regulating the behavior of the geographic marks used, and the exposure of laws and regulations and geographical indication trademark infringement cases, make the infringement of trademark of geographical indication, unauthorized use of geographical indication products to effectively curb illegal behaviors such as logo, further improve the geographical indication brand creation, utilization, protection and management level, improve geographic marks the supervision department of the business and market regulation law enforcement ability.
Second, the work content
(a) to strengthen and standardize the geographic marks, and the use and management of special geographical indication marks. Holder of the geographic marks positive guidance in strict accordance with the requirement to use geographical indication prove trademark logo, the collective trademark and geographical indication products.
(2) the violation of laws and regulations and geographical indication to the exclusive use of a trademark.
(3) the unauthorized use of laws and regulations and special geographical indication product marks.
During the special operation, administration of some widely, larger scope of infringement cases in areas related to undertake investigating.
Third, work requirements
(a) to strengthen organization and leadership. By the end of 2014, the state administration for industry and commerce trademark office has registered the geographic mark certification marks or collective trademark 2575, most of the geographic marks of agricultural products brand. Should fully recognize the trademark protection of geographical indications to promote rural economic development and increase farmers' income, promote rural economic and social importance of sound and rapid development. To trademark protection of geographical indication with in-depth implementation of the trademark rich peasant project, the implementation of special work to crack down on infringement of intellectual property and produce counterfeit, fake rectification of rural and urban and rural integration of market action. We need to strengthen the leadership, elaborate organization, the use of local geographical indication trademark registration after baseline survey, combined with local actual work plan formulation, take effective measures, to ensure that the special operation to achieve real results.
(2) increasing the case investigation dynamics. Around the industry and commerce, market regulators to geographical indication product production centre, sales distribution center as the key control areas, law enforcement, strengthened the case for investigation. Is investigated via the Internet trading platform and group of sales infringement of trademark of geographical indication products such as illegal. To be powerful if the circumstances are serious, nature, society, with emphasis on the investigation of major cases, traced back, up to the end, forming high pressure situation. Alleged to constitute a crime, should be timely transferred to judicial organs shall be investigated for criminal responsibility according to law. For industry and commerce at provincial level, market supervision departments should strengthen the case for investigation of the organization and coordination and major cases supervision division.
(3) to strengthen coordination and cooperation. The industry and commerce, market supervision departments at all levels should strengthen information communication between the higher and lower, briefing and law enforcement cooperation. To strengthen the communication with other relevant functional departments, contact and cooperation, seriously do a good job in the connection work of administrative law enforcement and criminal justice, hit together. To give full play to report complaints to accept the job in the role of case investigation, open channels of information collection.
(4) to do a good job of publicity. Should make full use of various media such as television, newspapers, intensify propaganda, exposure of typical cases, publicity and law enforcement results in a timely manner. Should pay attention to improving the public participation and consumer ShiJia distinguishes the false capacity, expanding the social impact, efforts to foster a geographical indication protection of trademark exclusive right to use a good atmosphere for public opinion.
(5) to submit the information in time. Provinces, autonomous regions and municipalities directly under the administration of industry and commerce, market supervision department should be in before July 12 to administration shall submit periodic summary statistics and special operation conditions, October 12 to the administration of special action to submit the summary report and statistics of the special operation conditions. Various provinces, autonomous regions and municipalities directly under the administration of industry and commerce, market supervision departments should pay attention to follow up the progress place special operation, timely collect, summarize and submit the typical cases. Administration of gddoftec case to handle. It should be timely summary submitted in accordance with the notice requirements.
Across the industry and commerce, market supervision departments to the administration of Chinese trademark net, query information platform of integrated business system of trademark administrative law enforcement certification marks, collective marks information registered geographical indications.