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Organize and carry out self inspection, rectification and credit commitment of national trademark agency

2020-11-10

It is not only the voice of all walks of life in recent years to crack down on and regulate the illegal acts of trademark agency, but also a key task of "blue sky" action. Since the new round of institutional reform, the State Intellectual Property Office has actively formulated the "measures for the administration of trademark agency" to provide a legal basis for strengthening the supervision of trademark agency, and to focus on combating malicious acts of trademark agency during the epidemic period. At the same time, in order to find out the basic situation of national trademark agency, carry out self inspection and self correction, and provide support for strengthening the supervision of trademark agency, during the "blue sky" action, we organized comprehensive self inspection, rectification and credit commitment work for 47000 trademark agencies registered in the state Intellectual Property Office. At present, the work of self inspection, rectification and credit commitment is progressing smoothly and has been basically completed, and the following preliminary results have been achieved.


One is to find out the background of trademark agencies in China. In the self-examination, it was found that 23000 of the 47000 registered trademark agencies across the country have carried out trademark agency business and completed the self-examination work. Some other agencies have carried out trademark agency filing, but have not carried out trademark agency business, so they have not participated in the self-examination work. A small number of agencies have changed their address or contact information but have not carried out the filing change according to the regulations, so they have completed the self-examination work Relevant regulations are listed in the list of abnormal operation. The national trademark agency self-examination work has further found out the basic information and operation status of trademark agencies in various places, which has laid a solid foundation for strengthening the supervision of trademark agencies and optimizing the trademark agency market environment.


The second is to urge trademark agencies to learn the trade rules and self regulate. The process of trademark agency's self-examination is also the process of learning industry regulatory rules and self-regulation. The contents of this self-examination include the trademark law and the regulations and policies on trademark agency in the implementation regulations of the trademark law, involving 13 items in total. In the process of completing the self-examination, the trademark agency further studied the requirements of the relevant laws and regulations on trademark agency, identified its own problems, and made the agency timely regulate potential violations while correcting its own behavior To effectively promote the trademark agency to operate in accordance with the law.


Third, the organization of trademark agency made a commitment to abide by the law. 23000 trademark agencies signed the letter of credit commitment, promised to strictly implement the trademark law and the implementation regulations of the trademark law in trademark agency activities, strictly prohibit forgery and alteration of legal documents, seals and signatures, prohibit using improper means to solicit trademark agency business, prohibit using improper means to disturb the order of the trademark agency market, prohibit malicious rush to register and hoard, and strictly enforce the trademark law It is strictly prohibited to make promises for unqualified patent agency behavior, and guarantees to operate in accordance with the law. It further restrains the agency behavior of each trademark agency and effectively maintains the order of trademark agency market.


The fourth is to grasp the characteristics of illegal acts of trademark agency. Through self-examination and rectification, we have a preliminary understanding of the main types of illegal acts of trademark agency. Among them, 858 cases of malicious rush registration and hoarding of trademarks are the most common, accounting for 44.94% of all illegal acts; 561 cases of unqualified patent agency, accounting for 29.40% of all illegal acts; forgery and alteration of legal documents, seals and signatures A total of 488 cases, accounting for 25.56% of all illegal acts; 2 cases of soliciting trademark agency business by improper means. Through this self-examination and rectification, we can further understand the characteristics of violations of laws and regulations of trademark agencies, and clarify the direction of special rectification of trademark agencies by the State Intellectual Property Office.


The fifth is to establish the key regulatory objects of trademark agency. Through the extraction of illegal behavior clues from more than 22000 self-examination reports submitted by trademark agencies of various provinces (autonomous regions and municipalities), and the comparison between the corresponding illegal behaviors and the illegal data, the key monitoring catalogue has been initially formed, and a number of key regulatory objects have been established to provide data support for the next regulatory work.


In the next step, the State Intellectual Property Office will do a good job in the follow-up work. It will criticize and educate the non-standard operation problems of the institutions that seriously, truthfully fill in the information and actively cooperate with the self-examination, and urge the rectification. For the institutions that do not truthfully fill in, report false information and refuse to cooperate with the self-examination, the State Intellectual Property Office will organize the local authorities to carry out the key inspection, once found illegal They will be severely punished in accordance with the law.


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