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 Intellectual property law

What are the differences between Patents, Trademarks and Copyrights?
How to obtain copyright of a computer software in China?
How to register the copyright of a computer software?
How to obtain copyright in China and how long will its protection period last?
What is a copyright?
What constitutes infringement?
Are any pre-litigation measures available to victims of copyright infringement?
Are Collective Copyright Administration bodies permitted in China?
Are Collective Copyright Administration bodies effective?
What are the steps involved in a patent application in China?
What is the Patent Cooperation Treaty?
What do examiners look for when they conduct a substantive examination?
How should drawings be made for a patent specification?
Why has China adopted the utility model patent in addition to the invention patent?
What are the differences between Patents, Trademarks and Copyrights?
What is a patent?
What organization is in charge of issuing patents in China?
How many types of patent protection are provided in China?
What is the duration of a patent in China?
What is the right of priority?
What do I need to include in my application for an invention or utility model?
What kind of invention or utility model can be granted a patent?
What kind of design can be granted a patent?
What is the difference between a service and non-service invention-creation?
When will my patent application be published?
After we performed a trademark search of our international brand, we discovered that one of our distributors registered our mark a few years ago under its own name. What can we do?
How do foreigners or foreign enterprises file trademark registration applications in China ?
What are the documents and materials requested for filing a trademark registration application in China?

Intellectual property law

Copyright

What are the differences between Patents, Trademarks and Copyrights?

There are three main areas in Intellectual Property Law. As you mentioned, they are patents, trademarks, and copyrights. These laws are meant to protect consumers, businesses, artists or inventors.

A patent is an official right that is used to protect the inventor of an original product or process. Once a person invents something, whether it be a machine, tool or process, that has a noticeable and original result, acquiring a patent can be very worthwhile. Once patented, an invention cannot be used by other parties , without explicit permission from the patent holder. If infringement occurs, and someone is illegally using a patented product or process, the patent holder has the right to seek compensation.

A trademark is designed to protect both businesses and consumers. A trademark is a distinctive mark, logo, or symbol that is used to identify a product. For example, the large M on McDonalds' signs is an example of a trademark. Because a customer associates a certain service or result with a symbol or marking, it would be unfair to let that mark be used in a different industry or manner. To protect a trademark is to protect the reputation of a business, while at the same time ensuring that a customer is able to relate that trademark with a certain type of product.

A copyright does not apply to concrete objects like inventions or businesses, but is used in the art industry. A copyright is the legal right of a composer, writer or exclusive owner of an artistic work to control how that work is used. Works that can be copyrighted include novels, music, video, computer software and fine arts. The work must be of a creative nature to be able to receive a copyright. Also a copyright cannot protect the ideas of an artist, only the expression of those ideas.

             

How to obtain copyright of a computer software in China?

As in many other countries, computer software may obtain copyright in China. The State Council published on June 4, 1991 the Regulations for the Protection of Computer Software (hereinafter referred to as the Regulations), which was effective from October 1, 1991. The Regulations clearly provides for the protection of computer software.

According to Articles 5, 6 and 7 of the Regulations, the follows requirements shall be met in order for a computer software to get copyright protection:
1. The software shall be developed by the developer and is fixed in some form of tangible objects, such as RAM, ROM, disk, tape or CD ROM.
2. A Chinese citizen or unit enjoys copyright over the computer software which he or it has developed no matter if published or where published. A foreigner whose computer software has first been published in China will enjoy copyright over the software. While the software of a foreigner published abroad will enjoy copyright under the bilateral agreement between China and the country to which the foreigner is a citizen, or under international treaties to which both China and the country to which the foreigner is a citizen are members.
3. The protection of software does not cover the idea, concept, discovery, theory and method of calculating, processing procedure and method of operating used in the development of the software.

Since China is now a member of Berne Convention, according to the principles of national treatment and automatic protection, software developed by the citizen or resident of a member country, no matter published or not, will enjoy copyright in China. Software developed by a citizen of a non-member country will be protected under copyright if it is first published in a member country or published in a non-member country and a member country at the same time. There is no need to complete any procedure for the protection of the software.

             

How to register the copyright of a computer software?

According to the regulations of the copyright in China, once it has been created, a work automatically obtains copyright with no need for registration. "The Copyright Law" of the P.R.C. does not provide that the copyright must be obtained after registration, either. "The Regulation of P.R.C. on the Protection of Computer Software" provides in Article 24 that the registration of the software copyright is the prerequisite of bringing an administrative or law suit on the disputes of software right in the light of the special characteristic of software. Yet, on December 24,1993, the Supreme Court of the P.R.C. issued the "Notice on the Issues of Implementing the Copyright Law of P.R.C.", Article 3 of the Notice provides that "Where the party concerned brings a law suit on the dispute of computer software copyright, the people's court shall accept it after examination, provided it accords with Article 108 of the Civil Procedure Law of the P.R.C., no matter whether the software has been registered in the related departments." This regulation negates that the registration of software is the prerequisite of bringing a law suit.

However, software registration is actually advantageous to the copyright holder because the registration documents issued by the registration authority is the preliminary evidence of the validity of the software copyright, and it's a good way to introduce the products to the society through the regular proclamation of the registration authority.

The computer software registration authority is the China Computer Software Registration Centre under the State Copyright Office.

The China Computer Software Registration Centre enacted and implemented "The Methods for the Registration of Copyright of Computer Software" (hereinafter referred to as "Registration Methods" on April 6,1992. According to these rules, attention needs to be paid to the following matters in applying for the registration of computer software copyright:

1. Eligibilities of the applicants of registration The applicant must be the copyright holder of the software or his/her successor or assignee.

2. The documents required when applying for registration
1). application form;
2). description of the software work;
3). materials for identification of the software work, including that of programs and of files;
4). identification of the applicant;
5). the written agreement on the attribution of the copyright in relation to the software created jointly or under a commission;
6). the certification of the inheritance or assignment of the copyright where the applicant is the successor or assignee of the copyright.

The agencies in China may be entrusted to apply for the registration of computer software.

According to the Registration Methods, after receiving the application for registration, as for those which comply with the regulations, the China Computer Software Registration Centre will give the acceptance number, confirm the acceptance date and inform the applicant (or his agent) in writing. The Registration Centre will examine it and approve the application which comply with the requirements of registration, granting the related registration certificate and publishing it in the China Computer Newspaper, while reject those which do not comply with the requirements.

Anyone may challenge the validity of the registered and published software to the Registration Centre. The Registration Centre will send the copy of the objection to the objected person. The objected person shall give a written reply within a fixed period. For those who do not give a written reply in due time without justified reasons, the registration is regarded void and will be published. After examination, the Registration Centre will cancel the registration if it finds the objection is justified, notify the opponent and the applicant and publish decision. If it finds the objection is unjustified, the Registration Centre will reject it.

Where the applicant does not agree with the decision rejecting the registration application, or the decision cancelling the registration because the objection is justified, he may, within 60 days from the date of receipt of the notification, request the Software Registration Reexamination Board to make a reexamination. The Reexamination Board shall accept the request, and notify the applicant in writing after making the reexamination decision.

After getting the approval from the Software Registration Centre, the applicant may, within the period of validity of the software copyright, request at any time to alter or supplement the items in the registration documents which are permitted to be altered or supplemented. However the content of the materials for identification of the software may not be altered or supplemented.

Where the software copyright is partly or wholly transferred by inheritance, assignment or licencing, the successor, assignee or the licencee may make a report to the Software Registration Centre for the record.

Under the permission of the Software Registration Centre, anybody may review the software registration publications, published application forms for the software copyright registration, identification materials and software registration book. Application shall be presented and fees for the review paid.

             

How to obtain copyright in China and how long will its protection period last?

The Chinese Copyright Law applies the principle of automatic protection. Article 2 of the Copyright Law provides that "Works of Chinese citizens, corporate and non-corporate units shall enjoy copyright protection pursuant to this Law, regardless of whether or not the works are published. Works of foreigners that are first published within Chinese territory shall enjoy copyright protection pursuant to this Law. Works of foreigners published outside Chinese territory shall enjoy copyright protection in accordance with agreements signed between China and the relevant country or according to international treaties to which they are members and shall receive protection pursuant to this Law."

Since China has joined the Berne Convention, the works of foreigners shall be applied the principle of national treatment and the principle of automatic protection, i.e.:
1.The citizens of the member countries or the citizens of a country other than member countries but with habitual residence in the member countries shall automatically enjoy copyright protection in China upon the finishing of the works.
2.A work of a citizen of a country other than member countries initially published in any one of the member countries or initially published in any one of the member countries and in a country other than member countries simultaniously, shall also obtain the copyright in China in the same time.

Under the Chinese Copyright Law, the right of signature, right of amendment and right to protect the integrety of a work shall be permanently enjoyed by the author without being restricted by the copyright protection period. For the right of publication, right of use and right to receive renumeration, the period for copyright protection is:
1. In relation to the work of an individual citizen, the protection period shall comprise of the period of the author's lifetime and 50 years after his death, concluding on December 31 of the fiftieth year after his death;
2. In relation to the works of corporate or non-corporate units, occupational works whose copyright belongs to corporate or non-corporate units, and film, video and photograph works, the protection period shall be 50 years, concluding on December 31 of the fiftieth year after a work's initial publication. If, however, a work is not published within 50 years of its creation, copyright protection under the Chinese Copyright Law shall not continue to apply.

             

What is a copyright?

A copyright is a legal right that allows the creator of a work to have certain exclusive rights, including the right to determine how and when it is used. A copyright gives the creator the following rights: 1. the publishing right, that is, the right to decide whether or not to make a work public; 2. the authorship right, that is, the right to indicate author's identity and to have the author's name indicated on his works; 3. the alteration right, that is, the right to alter or authorize others to alter one's work; 4. the integrity right, that is, the right to protect one's work against distortion and mutilation; and 5. the exploitation right and the remuneration right, that is, the right of exploiting one's work by means of reproduction, performance, broadcasting, exhibition, distribution, making cinematographic, television and video productions, or adaptations, translations, annotations and compilations, and the right of authorizing others to exploit one's work by the above-mentioned means and of receiving remuneration thereof.

What constitutes infringement?

Infringement is the act of violating the exclusive rights of a rights holder. Infringement of a copyright is generally when the copyright holder is deprived of one of the rights they are entitled to. For instance, if a piece of art work is displayed and the author's name is not displayed with the work, the authorship right of the copyright holder has been infringed and the holder is able to seek damages. Another example may be if someone writes an article based on another article that s/he has seen in a newspaper, but neglects to mention where the information came from. In this example, there may also be infringement.

             

Are any pre-litigation measures available to victims of copyright infringement?

The Amended Copyright law now gives copyright holders the option of a preliminary injunction and property preservation. Article 49 reads that any copyright owner "who has evidence to establish that another person is committing or will commit an act of infringing his right" may apply to the court for measures such as an "order to stop the relevant act and property preservation."

Are Collective Copyright Administration bodies permitted in China?

Yes. According to the newly-added Article 8 of the Copyright Law of the People's Republic of China, Collective Copyright Administration bodies are permitted in China. Before the recent amendments, such bodies were permitted by the Regulations for the Implementation of the Copyright Law of the People's Republic of China. Until 2000, there was only one organization, the Music Copyright Society of China (MCSC) which was established in 1992, that was allowed to act on behalf of its members. Since then, the Literary Works Society of Copyright has also been established and more similar bodies will surely be created in the future.

Are Collective Copyright Administration bodies effective?

Because collective copyright administration bodies are a relatively rare and new system of protecting one's rights in China, much of the Chinese populace and business sector is unaware of these bodies. Hopefully, with the recent amendments and the consequent growth of collective administration bodies, the practice of authorizing an organization to protect one's rights will become more well-known and widely used. Despite their unfamiliarity, the collective administration bodies have been largely effective. In the past years, the MCSC has won numerous cases on behalf of its members, including against large multinational corporations and hotels. 

             

Patent

What are the steps involved in a patent application in China?

The steps involved in applying for a patent are as follows:

1. Consult your patent attorneys and discuss your invention with them. We at  Limin Law Firm will advise on the information we will need from you and the chances of obtaining a patent registration in your countries of choice.

2. Where necessary, we will conduct a search on your behalf and report the results to you with our advice as to whether or not you are likely to obtain a patent registration in light of the documents uncovered in the search.

3. Once all the required information has been provided, we will then draft a patent "specification" for you, which will include a detailed description. Quite often we will ask questions and request more information during the drafting process to be sure that the patent specification adequately protects your invention.

4. Once the specification has been completed and approved by you, we will then file the patent application with the Chinese Patent Office, along with the relevant application forms.

5. The Chinese Patent Office will usually conduct their own search of their patent databases and will report the results to us. We will then advise you as to whether or not your specification might require amendment as well as your chances of obtaining a valid patent.

6. The Chinese Patent Office will conduct an examination of your patent application to determine whether or not it meets the requirements set down by the Chinese patent laws. If the Patent Office has any problems with your application, it will liaise with us. We will then discuss the problems and our solutions with you.

7. Providing all problems with the application have been overcome, a patent registration certificate will be issued and you will have a granted patent.

             

What is the Patent Cooperation Treaty?

The Patent Cooperation Treaty (the "PCT") is a treaty that provides for the filing of applications with a view to obtain patent protection in many countries. The established PCT system allows applicants to file a single patent application in one country and for up to 30 months retain the option of filing a corresponding application in a large number of other countries. It can therefore be thought of as a simplified procedure for an inventor or applicant to apply for and eventually to obtain a patent.
The advantages of filing patent applications via the PCT route are significant. The applicant can usually tell from the International Search Report and Written Opinion, what the chances are of obtaining patent protection in the countries of interest. If there appears to be no prospect of obtaining a patent in any country, the international application can be abandoned and the applicant loses only the cost of filing a PCT application instead of the much greater cost of filing applications in every country of interest. In addition, the applicant gets 18 months more than if ordinary applications were filed to test the market and/or the product to determine whether or not to proceed with patent applications and in which countries; and/or indeed to raise capital to fund the filing of national phase applications.

What do examiners look for when they conduct a substantive examination?

Once a patent application has entered substantive examination procedure, patent examiners qualified in the field of technology concerned will check the patent documentation and ensure it complies with the patent laws. The most important step is to determine, as far as possible, whether or not the invention really is novel and inventive (non-obvious). Examiners do this by searching through databases of existing published patents and professional journal articles. If they find something they believe "anticipates" the invention concerned, they notify the applicants or their patent attorneys. This notification is sent out in the form of an "official action".

             

How should drawings be made for a patent specification?

In general, wording is not permitted on a drawing, unless it is a flow diagram. Numbers are used to indicate the various parts of a product and these numbers are referred to in the description and, sometimes, in the claims. Further, patent drawings need to be clear and uncluttered and should not, in general, include any markings indicating dimensions or materials used since these may limit the scope of protection to those dimensions or materials. Engineering drawings are seldom suitable and special drawings usually need to be prepared for a patent specification. 

Why has China adopted the utility model patent in addition to the invention patent?

The purpose of adopting utility model patents is to provide lower cost protection, with a Patent Certificate that issues quickly, for "low-tech" and short life-span inventions or for those that are likely to be copied as soon as they enter the market. Since applications for utility model patents are usually given a preliminary examination only and often no search is made to determine whether the invention is already known, examiners qualified in technical disciplines are not required and this significantly reduces the cost and the time taken for the Patent Office to complete its examination.

             

What are the differences between Patents, Trademarks and Copyrights?

There are three main areas in Intellectual Property Law. As you mentioned, they are patents, trademarks, and copyrights. These laws are meant to protect consumers, businesses, artists or inventors.

A patent is an official right that is used to protect the inventor of an original product or process. Once a person invents something, whether it be a machine, tool or process, that has a noticeable and original result, acquiring a patent can be very worthwhile. Once patented, an invention cannot be used by other parties , without explicit permission from the patent holder. If infringement occurs, and someone is illegally using a patented product or process, the patent holder has the right to seek compensation.

A trademark is designed to protect both businesses and consumers. A trademark is a distinctive mark, logo, or symbol that is used to identify a product. For example, the large M on McDonalds' signs is an example of a trademark. Because a customer associates a certain service or result with a symbol or marking, it would be unfair to let that mark be used in a different industry or manner. To protect a trademark is to protect the reputation of a business, while at the same time ensuring that a customer is able to relate that trademark with a certain type of product.

A copyright does not apply to concrete objects like inventions or businesses, but is used in the art industry. A copyright is the legal right of a composer, writer or exclusive owner of an artistic work to control how that work is used. Works that can be copyrighted include novels, music, video, computer software and fine arts. The work must be of a creative nature to be able to receive a copyright. Also a copyright cannot protect the ideas of an artist, only the expression of those ideas.

             

What is a patent?

A patent is a right granted for any device, substance, method or process that is new, inventive and useful. A patent is legally enforceable and give the owner with the exclusive right to commercially exploit the invention for the life of the patent. Patents allow effective protection if you have invented a new technology that will lead to a product, composition or process with significant long-term commercial gain.

In return, patent applicants must share their know-how by providing a full description of how their invention works. This information becomes public and can provide the basis for further research by others.

What organization is in charge of issuing patents in China?

Chinese patents are issued and administered by the State Intellectual Property Office of the People's Republic of China (SIPO). SIPO receives and examines patent applications and grants patent rights for inventions/creations that conform to the provisions of the Patent Law of the PRC.

             

How many types of patent protection are provided in China?

Three types of inventions/creations are protected by the patent law in China. They are: inventions, utility models and designs.

Inventions include any new technical solutions relating to a product, a process or an improvement thereof. Utility models include new technical resolutions relating to the shape, structure, or any special combination thereof, which is fit for practical use. Designs include any new designs of the shape, pattern, color, or their combination, of a product, which creates an aesthetic feeling and is fit for industrial application.

What is the duration of a patent in China?

The duration of patent rights for inventions is twenty years, while the duration of patent rights for utility models and designs is ten years (counted from the date of filing). Payment of annual fees, commencing from the year in which the patent right was granted, is also required to keep the patent in force.

In the following cases, the patent right shall cease before the expiration of its duration:

(1) An annual fee is not paid as prescribed;

(2) The patentee abandons his or its patent right by a written declaration.

Any cessation of the patent right shall be registered and announced by the patent office.

             

What is the right of priority?

Any applicant may claim a priority right if he files an application for an invention or utility model patent in China within twelve months from the first filing date in a foreign country, or if he/it files an application for a design patent in China within six months from the first filing date in a foreign country, as well as in accordance with the Paris Convention or on the basis of the principle of mutual recognition of the right of priority.

Any applicant may claim a priority right if he files an application for a patent for an invention or utility model with the Patent Office within twelve months from its first filing date in China. Any applicant who claims a priority right shall submit a written declaration when the application is filed.

What do I need to include in my application for an invention or utility model?

Where an application for a patent for invention or utility model is filed, a request, a description, its abstract, and the claims must be submitted.

The request must state the title of the invention or utility model, the name of the inventor or creator, the name and address of the applicant and other related matters. The description sets forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to understand. Where necessary, drawings are required. The abstract must state briefly the main technical points of the invention or utility model. The claims shall be supported by the description and shall state the extent of the patent protection requested.

             

What kind of invention or utility model can be granted a patent?

The Chinese Patent Law provides that any invention or utility model for which a patent right is granted must possess novelty, inventiveness and practical applicability.

Possessing novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications within the country or abroad or has been publicly used or made known to the public by any other means.

Possessing inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents a notable progress, and that the utility model has substantive features and represents progress.

Possessing practical applicability means that the invention or utility model can be made or used, and can produce effective results.

What kind of design can be granted a patent?

Any design for which a patent right is granted must not be identical with or similar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not collide with any legal prior rights obtained by any other person.

             

What is the difference between a service and non-service invention-creation?

An invention-creation made by a person in performing tasks delegated by the entity to which he belongs, or made by him by mainly using the material and technical means of the entity to which he belongs is classified as a service invention. For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.

For a non-service invention-creation, the right to apply for a patent belongs to the inventor or creator. After the application is approved, the inventor or creator shall be the patentee.

When will my patent application be published?

If after receiving an application for a patent for invention, and upon preliminary examination, SIPO finds the application to conform with the requirements of the Law, SIPO shall publish the application promptly after eighteen months from the date of filing (or priority date). Upon the request of the applicant, SIPO may publish the application earlier.

             

Trademark

After we performed a trademark search of our international brand, we discovered that one of our distributors registered our mark a few years ago under its own name. What can we do?

This is a common problem, but there are solutions provided by the China trademark law. One option is filing a revocation application against the registered trademark owned by the distributor on the basis of improper registration; the other option is to file for cancellation of the mark if the distributor has not actually used the mark in three years.

Trademark revocation refers to an administrative procedure filed with the China Trademark Office who will cancel the mark that is currently registered. In order to be successful on a revocation petition, the applicant must show that the trademark was filed using unfair means or fraud. In your case, this standard could be met by establishing the relationship between your company and the distributor, in effect proving that the distributor obviously had knowledge of your prior use of the mark.

Trademark cancellation is very similar to trademark revocation. Although the procedure and the result may be similar, the chief difference is in the basis for the application. In order to successfully prevail in a cancellation, the applicant asserts that the opposing party has not used the trademark for three consecutive years. The evidence of use does not have to be extensive, and some cases have been successfully defended on the basis of a one-time advertisement. Because this burden of proof is light and assuming that you have solid evidence that the other party had prior knowledge of your use of the mark, revocation might be your best solution.

If your mark is cancelled, you will have to make an application for registration. Between the revocation and the registration, the entire process could take up to several years. Moreover, at the present time you are technically in violation of the trademark law by using another's legally registered mark, so it is possible that you will have to temporarily stop using the mark. Because of this eventuality, you should negotiate with your distributor for a trademark transfer in conjunction with filing the revocation. It is a good idea, however, to file for revocation before initiating negotiations.

             

How do foreigners or foreign enterprises file trademark registration applications in China ?

Article 10 of the Chinese Trademark Law stipulates that: "Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as designated by the State to act as his or its agent". In accordance with this Article, foreigners, foreign enterprises or other foreign organizations should entrust any of the agencies designated by the State, to file trademark registration applications, or handle other trademark matters including filing trademark registration applications, filing of opposition applications and responding oppositions, filing of applications for identification of famous trademarks, filing of applications for renewal, assignment, bibliographic changes, licensing recordable of registered trademarks and filing for reference thereof, filing of applications for re-issuance of trademark registration certificates, filing of applications for withdrawal of trademark registrations, filing of applications for cancellation based on non-use in three consecutive years, filing of applications for judgments on disputes, filing of applications for cancellation of improper registrations, filing of applications for reviews against decisions of opposition, cancellation of trademark registrations as well as rejections of trademark registration applications, handling litigation on trademark infringements, conducting trademark searches, providing trademark consultancies and arranging trademark advertisements, etc.

             

What are the documents and materials requested for filing a trademark registration application in China?

Any Foreigner or foreign enterprise intending to file a trademark registration application in China should provide with the following documents and materials:

1. Instruction letter

An instruction letter entrusting a designated Chinese trademark agency which can represent foreign applicants. The letter should list clearly the name of the trademark, international class, specific names of goods/services, name and address of the applicant (if the applicant has already registered any trademark in China, its Chinese name and address used in those registrations should be provided), and any requirement such as claiming priority (in this case, country, filing date and filing number of the priority application should be provided).

2. Power of Attorney

One trademark needs one Power of Attorney, with original execution of the applicant. Notarization is not necessary. The executed Power of Attorney cannot be late filed, it should be filed together with the application.

3. Prints of the trademark

One trademark registration application (one mark/one class) requires 10 black and white prints. If color is claimed, 10 colored prints and 1 black and white prints are required. The Chinese trademark agency normally requests additional prints for its file purpose.

4. Priority document

It can be filed together with the application or later, but in any way within 3 months following the filing date.

5. Special certificates

Where the goods are pharmaceuticals for human use, baby foods or medical nutrition falling into Class 5, a copy of official certificate approving manufacturing or sales of the goods should be provided. This document cannot be late filed.

Where the mark is a portrait, a notarized affidavit by the owner of the portrait agreeing the use of the portrait by the applicant as trademark should be provided.

6. Additional documents required for an application of certificate trademark:

1). a notarized subject qualification certificate;

2). the administrative regulations on the use of the certificate trademark, including purposes of using the certificate trademark, unique quality and feature of the goods or services using the certificate trademark, conditions for using the certificate trademark, formalities for using the certificate trademark, rights and obligations by using the certificate trademark, responsibilities in violation of the regulations, etc.; and

3). a document issued by relevant government department certifying the capability of the applicant on control and inspection of qualities of the goods or services. And

7. Additional documents required for an application of collective trademark:

1). a notarized subject qualification certificate;

2). the administrative regulations on use of the collective trademark, including purposes of using the collective trademark, members using the collective trademark, quality of the goods or services, conditions for using the collective trademark, formalities for using the collective trademark, rights and obligations of the members using the collective trademark, responsibilities in violation of the regulations.

            
 


 
 
 
 
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