In accordance with the essence and
requirements of the Notice on Further Regulating Market Order of Trademark
Agents released by SAIC (GSBZ [2009] No. 159), Anhui Administration for
Industry & Commerce commanded the subordinate industrial and commercial
departments to stringently conduct a full-scale investigation and
rectifications on local trademark agents from September to October, 2009. Then,
the status quo of trademark agencies in Anhui Province was basically
ascertained, so that the market order of trademark agents could be further
regulated. Great achievements have been made in this action.
I. Place
high importance, meticulously organize the action and take effective measures
Being
convinced that the special action for rectifications could put the
implementation of the Outline of National Intellectual Property Strategy and
trademark strategy into practice as well as guarantee a healthy development of
trademark cause, the industry and commerce system in Anhui Province attached
great importance to this special action. Pursuant to the essence of Notice
released by SAIC, the Industrial and Commercial departments at the provincial
and municipal levels worked out the specific suggestions and painstakingly
organized this action upon the actual situations. The Administration for
Industry and Commerce in Chuzhou, Wuhu and Liu'an conveyed the essence of
Notice to the local trademark agents and jointly discussed the issues about the
healthy development of trademark agency market. Moreover, Ma'anshan AIC made
the most of the rectifications and further strengthened the communication with
the registration departments, so as to subsume information management into
routine supervision, such as registration and credit management. There were 53
trademark agents in Hefei, ranked No.1 in terms of number. Hefei AIC
highlighted well-behaved trademark agency and honest & credible operation.
Based on the features of local trademark agents, such measures as dependency
management, hierarchical responsibility and full-scale supervision were taken,
so as to give full play of this action.
II.
Investigate in an all-round manner, highlight key points and guarantee
substantial results
Pursuant to
the essence of Notice released by SAIC, Anhui Administration for Industry and
Commerce has accomplished full-scale investigation and highlighted the key
points upon the actual situations, so as to guarantee substantial results. In
this action, whether being involved in the following offenses against the law
was focused: I. Adopt window dressing when applying for business; II. Falsify
and modify legal documents; III. Defraud consigners to make money; IV. Fail to
fulfill or partially fulfill obligations thus doing harm to the consigner's
interests; V. Accept the commission at ill will or against the state laws or
that is suspected of being involved in fraud; VI. Disclose secret information
to other organizations or individuals without the consent of consigner in
advance; VII. Misguide the consigner via overstatement or false and deceiving
publicity; VIII. Slander other trademark agency or agents or vie for business
by means of sales commission or other unfair competition.
Besides self
check conducted by the local administration for industry and commerce, Anhui
Administration for Industry and Commerce dispatched an inspection team for the
key cities and counties. As indicated upon the check, each trademark agency can
operate in an honest and credible manner. Up to now, no serious offenses have
been found, but some problems should be paid with attention: some small-sized
trademark agencies with one or two persons can’t satisfy relevant requirements
in business; some employees with lower quality and educational attainment are
not familiar with relevant laws, regulations and agency service; some agencies
have no fixed domicile due to a few businesses or fail to conduct normal
activities or timely apply for cancellation and alternation procedures, etc.
Therefore, Anhui Administration for Industry and Commerce has placed high
importance to these problems mentioned above and positively studied the
measures for further regulation and guidance, so as to push forward the healthy
development of trademark agency sector in the province.
III. Further
grasp the status quo of trademark agents market within the province, set up the
basic database and strive to build the supervisory mechanism with enduring
effect
In this
action, Anhui Administration for Industry and Commerce launched a full-scale
check up on all the trademark agencies. Up to now, the number of trademark
agencies in Anhui Province is not quite many and most of them are small-sized
agencies, so this market still remains at the take-off stage. Also, the
development of trademark agencies in the province is not balanced. There are 83
trademark agencies in the province, but most of them are dispersed over such
economically developed areas as Hefei, Wuhu City, Ma'anshan, Tonglin and
Xuancheng. There is small amount of trademark agencies in Liu'an, Chaohu,
Fuyang, Bangbu, Chuzhou, Huaibei, Chizhou and Anqing and so on, but some areas
haven't set up trademark agencies till now. By virtue of this general
investigation, the status quo of Anhui trademark agency market can be basically
mastered. In addition, the database on trademark agencies in Anhui Province has
been established and improved, including name of agency, legal representative,
registered address, number of employees, liaison and main statistical data on
recent businesses, etc, so as to further enhance pertinence and effectiveness
of supervision and control.
Anhui Administration for Industry and
Commerce places high importance to the long-lasting supervisory mechanism on
trademark agencies, so as to guarantee the healthy and orderly development of
trademark agency market: I. Communication among the Provincial Trademark
Office, enterprise registration departments and trademark agencies should be
strengthened and the mechanism to achieve bottom-up linkage and prompt &
efficient exchanges between the provincial industrial and commercial bureau and
trademark agencies can be established step by step. II. The Provincial
Trademark Office should, jointly with the enterprise registration departments,
make the most of the industrial and commercial administration website, so as to
put credit classification into practice. Dishonest trademark agencies will be
enlisted into "blacklist", thus establishing the long-lasting
supervisory mechanism that consists of credit information management, credit
evaluation and penalties, etc. III. The municipal AICs should regularly update
the information on local trademark agencies to the Provincial Trademark Office,
give full play to the complaint and reporting hotline "12315" and
deal with offenses with timely accreditation and penalties, so as to safeguard
lawful rights and interests of trademark applicants by law.
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