(Effective Date 1988.01.13)
CONTENTS
CHAPTER I GENERAL PRINCIPLES
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
CHAPTER III EXAMINATION OF TRADEMARK REGISTRATION
CHAPTER IV MODIFICATION, ASSIGNMENT AND RENEWAL OF REGISTERED
TRADEMARKS AND ADJUDICATION OF DISPUTES
CHAPTER V CONTROL OF THE USE OF TRADEMARKS
CHAPTER VI PROTECTION OF THE EXCLUSIVE RIGHT TO USE REGISTERED
TRADEMARKS
CHAPTER VII SUPPLEMENTARY PRINCIPLES
CHAPTER I GENERAL PRINCIPLES
Article 1. These Detailed Implementing Rules are formulated in accordance with the provisions of Article 42 of the Trademark
Law of the People’s Republic of China (hereinafter referred to as the Trademark Law).
Article 2. An applicant for trademark registration shall be a legally registered enterprise or individual industrial or commercial
household operation which is able to bear its civil liabilities independently, a public institution with corporate
capacity or a foreigner or foreign enterprise which complies with the provisions of Article 9 of the Trademark Law.
Article 3. An application for a matter such as registering a trademark, assigning registration, renewing registration, modifying registration
of a person’s name or address or the reissue of a trademark certificate shall be verified and passed on by
the applicant’s local administration for industry and commerce at county level or above (hereinafter referred to as
the verification and transfer organ) or an organisation authorised by the State Administration for Industry and
Commerce shall act as agent.
If a foreigner or a foreign enterprise applies to register a trademark in China or requires to carry out
other matters concerning trademarks, an organisation designated by the State Administration for Industry and Commerce
shall act as agent.
Article 4. Fees shall be paid in accordance with regulations when applications are made for matters such as registering
a trademark, assigning registration, renewing registration, modification, reissue or evaluation and examination.
Article 5. The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as
the Trademark Office) shall establish a Register of trade in which it shall record registered trademarks and other
matters concerning trademarks.
The Trademark Office shall design and arrange the printing and issue of Trademark Notices Which shall carry
information on registered trademarks and other relevant matters.
Article 6. Names of administrative areas at county level and above and foreign place names with which the public are familiar
shall not be permitted to be used as trademarks.
A trademark using a name such as those outlined in the preceding paragraph which has already been verified, approved
and registered shall continue to valid.
Article 7. Pharmaceuticals for human use and tobacco products listed by the State and publicly announced by the State Administration
for Industry and Commerce shall be required to use a registered trademark.
Other products stipulated by the State as requiring a registered trademark shall be publicly announced by the State
Administration for Industry and Commerce.
Article 8. The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board which
shall evaluate and examine matters in accordance with the provisions of Articles 21, 22, 27 and 35 of the Trademark
Law and Article 23 of these Detailed Implementing Rules and shall make final decisions and provide adjudication.
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
Article 9. When applying for trademark registration, applications shall be filed in accordance with the item category as
prescribed in the commodity classification table. Each application for the registration of a trademark submitted
to the Trademark Office shall include one copy of an Application for Trademark Registration, 10 copies of the
design of the trademark (if a coloured trademark with specified colours, 10 copies of colour designs of the
trademark shall be included) and one black and white ink draft.
The trademark design shall be distinct and easy to stick on, shall be printed on smooth, clean and durable
paper or be substituted by a photograph and its length and width shall not exceed 10 cm or be less than 5 cm.
Article 10. A fountain pen, in or a typewriter shall be used to complete applications for trademark registration and other
related documents and writing shall be neat and clear.
The name and seal of the trademark registration applicant shall the same as that which has been verified and approved
or registered. Items submitted shall not exceed the verified and approved or registered scope of operations of
the applicant. The name of a commodity shall be filled in in accordance with the commodity classification table.
If the name of a commodity has yet to be entered in the commodity classification table, a description of the item
shall be attached.
Article 11. If applying to register a trademark for a pharmaceutical for human use, a licence to produce pharmaceuticals or a
licence to deal in pharmaceuticals which has been issued by a public health administrative department shall be attached.
If applying to register a trademark for cigarettes, cigars or packaged pipe tobacco, a certificate issued by the
State organ in charge of tobacco authorising its production shall be attached.
If applying to register a trademark for any other item which requires a registered trademark in accordance with State
regulations, a certificate of approval from the relevant department in charge shall be attached.
Article 12. The date of application for the registration of a trademark shall be the date on which the Trademark Office receives the
application. An application number shall be issued if application procedures are fulfilled and the application
form is completed in accordance with regulations. If application procedures are not fulfilled or the application
form is not completed in accordance with regulations, the form shall be returned and no date of application shall be retained.
Article 13. If two or more applicants apply to register identical or similar trademarks for the same or a similar item on the
same day, each applicant shall send proof of the date of first use of the trademark to the Trademark Office within the
time limit stipulated by the Office in its letter of notification. If usage began on the same day or if yet to be used,
the parties shall meet for discussion. If this consultation exceeds 30 days without resulting in an agreement, the Trademark
Office shall make a ruling.
Article 14. when a foreigner or a foreign enterprise applies to register a trademark or to handle another matter concerning a
trademark, it shall complete the relevant forms in Chinese and shall provide its agent with a power of attorney.
The power of attorney shall stipulate the scope of delegated authority and the nationality of the agent.
Notarisation and authentication procedures for a power of attorney or other relevant certificates shall be handled in accordance
with the principle of reciprocity. Documents in a foreign language shall have a Chinese translation attached.
Article 15. The Trademark Office shall accept and hear cases requesting priority handling of trademark registration. Detailed procedures
shall be handled in accordance with regulations promulgated by the State Administration for Industry and Commerce.
CHAPTER III EXAMINATION OF TRADEMARK REGISTRATION
Article 16. The Trademark Office shall examine applications which have been issued with an application number and those trademarks
which pass preliminary examination and approval shall be reported in a Trademark Notice. If an application is rejected,
the applicant shall be sent a rejection notice and a copy of this notice shall be sent to the verification and
transfer organ.
Article 17. If an applicant requests a review of a refused application, it shall lodge an Application for a Review of a Refused Trademark
with the Trademark Review and Adjudication Board within 15 days of receiving the rejection notice and, at the same
time, shall attach the original Application for Trademark Registration, 10 copies of the original trademark design,
one copy of a black and white ink draft and the rejection notice. A copy of the Application for a review of a Refused
Trademark shall be sent to the verification and transfer organ.
The Trademark Review and Adjudication Board shall issue written notification of its final decision to the
applicant and a copy of the notice shall be sent to the verification and transfer organ. If the final decision is in
favour of passing the preliminary examination and approval of a trademark, the matter shall be transferred to the Trademark
Office for handling.
Article 18. If there is an objection to a trademark which has been publicly announced by the Trademark Office following
preliminary examination and approval, the dissenting party shall send two copies of its letter of dissension to the Trademark
Office. The letter shall state clearly the date of the Trademark Notice which reported the trademark in question,
the page number and its preliminary examination and approval number. The Trademark Office shall prescribe a time
for the applicant to respond to the letter of dissension and shall make a ruling based on the facts and reasons provided
by the parties concerned.If no response is given within the time prescribed, the Trademark Office shall make a ruling.
The trademark Office shall notify the parties concerned of its ruling on the dispute and shall send a copy of the
notice to the verification and transfer organ.
Article 19. A party dissatisfied with the ruling of the Trademark Office on a dispute shall send two copies of an Application for
a Review of a Trademark Dispute to the Trademark Review and Adjudication Board within 15 days of receiving notification
of the ruling on the trademark dispute, and shall also send a copy of the Application to the verification and transfer
organ.
The Trademark Review and Adjudication Board shall issue written notification of its final decision to the parties
concerned, shall send a copy to the verification and transfer organ and shall transfer the matter to the Trademark Office
for handling.
CHAPTER IV MODIFICATION, ASSIGNMENT AND RENEWAL OF REGISTERED TRADEMARKS AND ADJUDICATION OF DISPUTES
Article 20. If applying to modify the name of a trademark registrant, an Application to Modify the Name of a Trademark Registrant
and certification of the modification shall be sent to the Trademark Office and the original Trademark Registration
Certificate shall be returned. After verification and approval by the Trademark Office, the original Trademark Registration
Certificate, with approval of modification noted on it, shall be returned to the applicant and a public announcement shall
be made.
If applying to modify the address of a trademark registrant or other registered items, an Application to Modify
the Address of a Trademark Registrant or an application to Modify Other Registered Items Pertaining to a Trademark,
together with certification of the modification, shall be sent to the Trademark Office and the original Trademark Registration
Certificate shall be returned. After verification and approval by the Trademark Office, the original Trademark
Registration Certificate, with approval of modification noted on it, shall be returned to the applicant
and a public announcement shall be made.
If modification is to be made to the name or address of a trademark registrant, the registrant shall modify
all of its registered trademarks at the one time.
Article 21. If applying to assign a registered trademark, an Application to Assign a Registered Trademark shall be sent
to the Trademark Office and the original Trademark Registration Certificate shall be returned. The verification
and transfer organ in the local district of the transferee shall handle matters of verification and transfer. A transferee
shall meet the requirements of Article 2 of these Detailed Implementing Rules. After verification and approval
by the Trademark Office, the original Trademark Registration Certificate, with approval of assignment noted
on it, shall be issued to the assignee and a public announcement shall be made.
If a registered trademark is to be assigned, the trademark registrant shall assign all identical or similar trademarks
for the same or similar goods at the one time. If a trademark for a commodity such as those prescribed in Article
7 of these Detailed Implementing Rules is assigned, the assignee shall provide a certificate from the relevant department
in accordance with the provisions of Article 11 of these Detailed Implementing Rules.
Article 22. If applying to renew the registration of a trademark, an Application to Renew a Registered Trademark and five
copies of the trademark design shall be sent to the Trademark Office and the Trademark Registration Certificate
shall be returned. After verification and approval by the Trademark Office, the original Trademark Registration Certificate,
with approval of renewal noted on it, shall be returned to the applicant and a public announcement shall be made.
Article 23. If an applicant disputes the decision of the Trademark Office to reject an application to assign or renew registration
of a trademark, it shall lodge an Application for a Review of an Assignment Rejection or an Application for a Review
of a Renewal rejection with the Trademark Review and Adjudication board within 15 days of receiving the rejection
notice and, at the same time, shall attach the original Application to Assign a Registered Trademark or the
Application to Renew a Registered Trademark and the rejection notice.
The Trademark Review and Adjudication Board shall issue written notification of its final decision to the applicant
and send a copy of the notice to the verification and transfer organ. If the final decision is in favour of the
assignment or renewal of trademark registration, the matter shall be transferred to the Trademark Office for handling.
Article 24. If a trademark registrant disputes a trademark already registered by another party, it shall lodge two copies of an
Application for Adjudication of a Trademark Dispute with the Trademark Review and Adjudication Board within one
year of the date of publication of the trademark registration.
If the Trademark Review and Adjudication Board rules in favour of cancelling the disputed trademark, the
matter shall be transferred to the Trademark Office for handling, a public announcement shall be made and a copy
of the decision shall be sent to the verification and transfer organ. The party which had the dispute brought against
it shall, within 15 days of receiving notice of the final ruling on the trademark dispute, hand the original Trademark
Registration Certificate to the local verification and transfer organ for its subsequent transfer to the Trademark Office.
Article 25. Any party which believes that an improper trademark has been registered may lodge an Application for Adjudication
on the Cancellation of the Registration of an Improper Trademark, except in a case where a ruling on a dispute has already
been made.
If the Trademark Review and Adjudication Board rules in favour of cancelling a disputed trademark, the
matter shall be transferred to the Trademark Office for handling, a public announcement shall be made and a copy
of the decision shall be sent to the verification and transfer organ. The original trademark registrant shall,
within 15 days of receiving notice of the cancellation ruling, hand the original Trademark Registration Certificate
to the local verification and transfer organ for its subsequent transfer to the Trademark Office.
CHAPTER V CONTROL OF THE USE OF TRADEMARKS
Article 26. If a registered trademarks is used, the characters Registered Trademark or the symbol for registration or (R) shall
be marked. If it is unsuitable to mark a product itself, the registered trademark shall be noted on its packaging,
in is instruction booklet or on other attachments.
Article 27. If a Trademark Registration Certificate is lost or damaged, an application shall be made for it to be reissued. The applicant
shall lodge an Application for the Reissue if a Trademark Certificate and five copies of the trademark design
to the Trademark Office. If the Trademark Registration Certificate has been lost, a lost property notice shall be placed
in a newspaper issued at provincial level or above and a copy of the newspaper shall be sent to the trademark Office.
If the Trademark Registration Certificate has been damaged, it shall be sent to the Trademark Office.
Article 28. If any of the acts referred to in items (1), (2) or (3) of Article 30 of the Trademark Law occur, the administration for industry
and commerce shall notify the trademark registrant to rectify the matter within a stipulated period. If the registrant refuses
to rectify the situation, the administration for industry and commerce in the local district of the registrant shall request
the Trademark Office to cancel the registered trademark.
Article 29. Any person may apply to the Trademark Office for the registration of a trademark to be cancelled if the provisions
of item (4) of Article 30 of the Trademark Law apply. The Trademark Office shall notify the trademark registrant to provide,
within a specified period, proof of use of its trademark. If proof of use is not provided within the specified period or
if it is not valid, the Trademark Office shall cancel the registered trademark.
Use of a trademark as referred to in the preceding paragraph shall include use in advertising or exhibitions.
Article 30. The restrictions of the provisions of Article 32 of the Trademark Law shall not apply to an application to register,
for an identical or similar commodity, a trademark which is identical with or similar to one which is cancelled
in accordance with the provisions of Article 29 of these Detailed Implementing Rules.
Article 31. In a case where the provisions of Article 31 and item (3) of Article 34 of the Trademark Law apply, the administration
for industry and commerce shall order the matter to be rectified in a stipulated period. In a serious case, it shall
order self-criticism to be undertaken, circulate a notice of criticism and impose a fine of up to 20% of
the amount made through the illegal operations or up to two times the illegal profit. Goods which are poisonous or
harmful and which are without a use value shall be destroyed by melting or burning. If a registered trademark has been
used, it shall be cancelled in accordance with the provisions prescribed in the Trademark Law.
Article 32. In a case where the provisions of items (1) or (2) Article 34 of the Trademark Law or Article 6 of these Detailed Implementing
Rules apply, the administration for industry and commerce shall prohibit the goods from being advertised and shall
seal up for safekeeping or take custody of the trademark symbol, order the matter to be rectified in a specified
period and, depending on the seriousness of the case, may circulate a notice of criticism and impose
a fine of up to 20% of the amount made through the illegal operations.
Article 33. In a case where the provisions of Article 5 of the Trademark Law are violated, the administration for industry and
commerce shall prohibit the sale and advertising of the goods in question, shall seal up for safekeeping or take
custody of the trademark symbol and, depending on the seriousness of the case, may impose a fine of up to 10% of the
amount made through the illegal operations.
Article 34. No person shall be permitted to illegally print, make, purchase or sell trademark symbols.
If the provisions of the preceding paragraph are violated, the administration for industry and commerce shall
halt the activity, take custody of any trademark symbols and, depending on the seriousness of the case, may issue
a fine of up to 20% of the amount made through the illegal operations. If a party is selling symbols of its own registered
trademark, the Trademark Office may also cancel its registered trademark. If the case involves violation of the exclusive
right to use a registered trademark, the matter shall be handled in accordance with the provisions of Article 43 of these
Detailed Implementing Rules.
Article 35. If a trademark registrant permits another party to use its registered trademark, a trademark usage licence agreement shall
be signed. The licensor shall send, within a stipulated period, a copy of the licence agreement to its local administration
for industry and commerce at county level for reference filing. This organ shall then report details of the matter to
the Trademark Office for its records.
If the provisions of the preceding paragraph are violated, the administration for industry and commerce shall
order the matter to be rectified within a stipulated period. If the parties concerned refuse to rectify the matter,the
licensor’s local administration for industry and commerce shall ask the Trademark Office to cancel the registered
trademark and shall take custody of the trademark symbols of the licensee.
Article 36. If a trademark registrant permits another party to use its registered trademark, the licensee shall meet the requirements
prescribed in Article 2 of these Detailed Implementing Rules.
If a party with permission to use a trademark requires to use it on a commodity such as those prescribed in
Article 7 of these Detailed Implementing Rules, the licensee shall attach a certificate from the relevant department,
in accordance with Article 11 of these Detailed Implementing Rules, when sending a copy of the licence agreement
for reference filing.
Article 37. If the Trademark Office makes a decision to cancel a trademark registration in accordance with the provisions of Article
30 or 31 of the Trademark Law or Articles 34 or 35 of these Detailed Implementing Rules, written notification shall be
sent to the trademark registrant and, at the same time, a copy of the notice shall be sent to the original verification
and transfer organ. This organ shall take custody of the Trademark Registration Certificate and shall return it to
the Trademark Office.
Trademarks which are revoked or cancelled by the Trademark Office shall be announced publicly.
Article 38. If a trademark registrant applies to cancel its registered trademark, it shall lodge an Application to Cancel a Trademark
with the Trademark Office and shall return its original Trademark Registration Certificate.
Article 39. If a trademark registrant disagrees with the decision of the Trademark Office to revoke its registered trademark, it
shall lodge an Application to Review the Revoking of a Trademark to the Trademark Review and Adjudication Board within
15 days of receiving notice of the revocation ruling.
The Trademark Review and Adjudication Board shall issue written notification of its final decision to
the trademark registrant and shall also send a copy of the notice to the original verification and transfer organ.
If the final decision rescinds the revocation ruling, the matter shall be transferred to the Trademark Office for handling.
Article 40. If a party disagrees with a decision relating to the handling of a case (except a decision to revoke a trademark registration)as
made by the administration for industry and commerce in accordance with the provision of Articles 31, 33, 34 or 35 of these
Detailed Implementing Rules, the Party concerned, within 15 days of receiving such notification,may apply to
a higher level administration for industry and commerce for a review. The higher level administration for industry
and commerce shall issue a decision on the review within 45 days of receiving the review application. If a
party disagrees with the fine imposed by a higher level administration for industry and commerce in its review decision
made in accordance with the provisions of Articles 31, 32, 33 or 34 of these Detailed Implementing Rules, the
party concerned may file a suit in the People’s Court within 15 days of receiving notification of the review decision.
If the party fails to initiate legal proceedings and fails to comply with the decision within the time prescribed,
the administration for industry and commerce shall apply to the People’s Court for enforcement.
CHAPTER VI PROTECTION OF THE EXCLUSIVE RIGHT TO USE REGISTERED TRADEMARKS
Article 41. Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark as referred
to in item (3) of Article 38 of the Trademark Law:
(1) Dealing in goods which infringe on the exclusive right of another party to use a registered trademark;
(2) Using, as the name or decoration on a commodity, a script or pattern which is identical or similar to the registered
trademark of another party which uses it on the same or similar goods, with the similarity being sufficient to cause
mistaken identity;
(3) Deliberately providing convenience in areas such as storage, transport, postage and concealment in order to allow
the infringement of the exclusive right of another party to use a registered trademark.
Article 42. In the case of an act infringing on the exclusive right to use a registered trademark, any person may report to the administration
of industry and commerce at county level or above in the district of the infringer or the district where the act
of infringement has occurred in order to lodge a complaint or to inform against an offender. The infringed may also directly
file a suit in the People’s Court.
Article 43. In the case of an act infringing on the exclusive right to use a registered trademark, the administration for industry
and commerce shall order the immediate halting of the activity, seal up for safekeeping or take custody of the trademark
symbols, order the removal of the trademark from existing goods and packaging and order that the infringed is compensated
for any economic losses incurred. A notice of criticism may be circulated and a fine of up to 20% of the amount made
in the illegal operations or up to two times the profit gained through the infringement may be imposed, depending on the seriousness
of the case.
Article 44. If a party disagrees with a decision on the handling of a case as made by the administration for industry and commerce
in accordance with the provisions of the preceding Article, the party concerned, within 15 days of receiving notice
of the decision, may lodge an application with a higher level administration for industry and commerce for
a review. The higher level administration for industry and commerce shall issue a decision on the review within
45 days of receiving the review application. If a party disagrees with the review decision of the higher level
administration for industry and commerce, it may file a suit in the People’s Court within 15 days of receiving
notification of the review decision. If the party fails to initiate legal proceedings and fails to comply with the decision
within the time prescribed, the administration for industry an
| Category |
CRIMINAL LAW |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
Invalidated |
| Date of Promulgation |
1988-09-05 |
Effective Date |
1988-09-05 |
Date of Invalidation
|
1997-10-01 |
|
Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment of the Crimes of Divulging
State Secrets |
(Adopted at the Third Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated by Order No.7 of the President of
the People’s Republic of China on September 5, 1988, and effective as of the
same date)(Editor’s Note: This Decision has been invalidated by the Criminal
Law of the People’s Republic of China revised at the Fifth Session of the
Eighth National People’s Congress on March 14, 1997, and effective on October
1, 1997)
The Third Meeting of the Standing Committee of the Seventh National
People’s Congress has decided to make supplementary provisions to the Criminal
Law: Persons who steal, spy on, buy or illegally provide state secrets for
institutions, organizations and people outside the country shall be sentenced
to fixed-term imprisonment of not less than five years and not more than ten
years; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than five years, criminal
detention or deprivation of political rights; if the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than ten years, life imprisonment or the death penalty and shall
be deprived of political rights concurrently.
|
The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.11
The Standardization Law of the People’s Republic of China which has been adopted at the Fifth Meeting of the Standing Committee of
the Seventh National People’s Congress on December 29, 1988 is promulgated now, and shall enter into force as of April 1, 1989.
President of the People’s Republic of China: Yang Shangkun
December 29, 1988
Standardization Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Formulation of Standards
Chapter III Implementation of Standards
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated with a view to developing the socialist commodity economy, promoting technical progress, improving product
quality, increasing social and economic benefits, safeguarding the interests of the State and the people and suiting standardization
to the needs in socialist modernization and in the development of economic relations with foreign countries.
Article 2
Standards shall be formulated for the following technical requirements that need to be unified:
(1)
the varieties, specifications, quality and grades of industrial products as well as the safety and sanitary requirements for them;
(2)
the design, production, inspection, packing, storage, transportation and methods of operation of industrial products as well as the
safety and sanitary requirements for them in the process of production, storage and transportation;
(3)
technical requirements and testing methods related to environmental protection;
(4)
the designs, construction procedure and safety requirements for construction projects; and
(5)
technical terms, symbols, code names and drawing methods related to industrial production, project construction and environmental
protection.
Major agricultural products and other items that need to be standardized shall be designated by the State Council.
Article 3
The tasks of standardization shall include the formulation of standards and organization of and supervision over the implementation
of the standards.
Standardization shall be incorporated in the plan for national economic and social development.
Article 4
The State shall encourage the active adoption of international standards.
Article 5
The department of standardization administration under the State Council shall be in charge of the unified administration of standardization
throughout the country. Competent administrative authorities under the State Council shall, in line with their respective functions,
be in charge of standardization in their respective departments and trades.
The departments of standardization administration of provinces, autonomous regions and municipalities directly under the Central Government
shall be in charge of the unified administration of standardization within their respective administrative areas. Competent administrative
authorities under the governments of provinces, autonomous regions and municipalities directly under the Central Government shall,
in line with their respective functions, be in charge of standardization in their respective departments and trades within their
respective administrative areas.
The standardization administration departments and the competent administrative authorities of cities and counties shall, in line
with their respective functions as assigned by the governments of provinces, autonomous regions and municipalities directly under
the Central Government, be in charge of standardization within their respective administrative areas.
Chapter II Formulation of Standards
Article 6
National standards shall be formulated for the technical requirements that need to be unified nationwide. National standards shall
be formulated by the department of standardization administration under the State Council. Where, in the absence of national standards,
technical requirements for a certain trade need to be unified, trade standards may be formulated. Trade standards shall be formulated
by competent administrative authorities under the State Council and reported to the department of standardization administration
under the State Council for the record, and shall be annulled on publication of the national standards. Where, in the absence of
both national and trade standards, safety and sanitary requirements for industrial products need to be unified within a province,
an autonomous region or a municipality directly, under the Central Government, local standards may be formulated. Local standards
shall be formulated by departments of standardization administration of provinces, autonomous regions and municipalities directly
under the Central Government and reported to the department of standardization administration and the competent administrative authorities
under the State Council for the record, and shall be annulled on publication of the national or trade standards.
Where, in the absence of both national and trade standards for products manufactured by an enterprise, standards for the enterprise
shall be formulated to serve as the criteria for the organization of production. An enterprise’s standards for its products shall
be reported to the standardization administration department and the competent administrative authorities under the local government
for the record. Where national or trade standards have been formulated, the State shall encourage enterprises to formulate their
enterprise standards, which are more stringent than the national or trade standards, to be used in these enterprises.
Where the formulation of standards is otherwise provided for by law, such legal provisions shall be complied with.
Article 7
National standards and trade standards shall be classified into compulsory standards and voluntary standards. Those for safeguarding
human health and ensuring the safety of the person and of property and those for compulsory execution as prescribed by the laws and
administrative rules and regulations shall be compulsory standards, the others shall be voluntary standards.
The local standards formulated by standardization administration departments of provinces, autonomous regions and municipalities directly
under the Central Government for the safety and sanitary requirements of industrial products shall be compulsory standards within
their respective administrative area.
Article 8
The formulation of standards shall be conducive to ensuring safety and the people’s health, safeguarding consumer interests and protecting
the environment.
Article 9
The standards to be formulated shall be conducive to a rational use of the country’s resources, a wider utilization of scientific
and technological gains and the enhancement of economic returns, conform to operation instructions, increase the universality and
interchangeability of products, and be technologically advanced and economically rational.
Article 10
The standards to be formulated shall be coordinated with and supported by related standards.
Article 11
The standards to be formulated shall help promote economic and technological cooperation with foreign countries and foreign trade.
Article 12
The roles of trade associations, scientific research institutions and academic organizations shall be brought into play in the formulation
of standards.
A department engaged in the formulation of standards shall organize a committee on standardization technology composed of specialists,
which shall be responsible for the drafting of the standards and shall participate in the examination of the draft standards.
Article 13
After the standards come into force, the department that formulated them shall, in the light of scientific and technological developments
and the needs in economic construction, make timely reviews of the current standards to determine if they are to remain effective
or are to be revised or annulled.
Chapter III Implementation of Standards
Article 14
Compulsory standards must be complied with. It shall be prohibited to produce, sell or import products that are not up to the compulsory
standards. With regard to voluntary standards, the State shall encourage their adoption by enterprises on an optional basis.
Article 15
With respect to products for which national or trade standards have been formulated enterprises may apply to the standardization administration
department under the State Council or agencies authorized by the same department for product quality authentication. For products
which are authenticated to conform to the standards, certificates shall be issued by the department that made the authentication
and the use of the prescribed authentication marks shall be permitted on such products and the packing thereof.
If products for which authentication certificates have been granted do not conform to national or trade standards, or if products
have not undergone authentication or found not up to the standards after the authentication proceedings, no authentic marks shall
be permitted for use on such products leaving factories for sale.
Article 16
Technical requirements for export products shall comply with contractual provisions.
Article 17
The development of new products, improvement of products or technical renovation by an enterprise shall conform to standardization
requirements.
Article 18
Departments of standardization administration under governments at or above the county level shall be responsible for supervision
over and inspection of the implementation of the standards.
Article 19
Departments of standardization administration under governments at or above the county level may, in accordance with needs, establish
inspection organizations or authorize inspection organizations of other units to examine whether products conform to the standards.
Where the laws and administrative rules and regulations provide otherwise on inspection organizations, such provisions shall apply.
Disputes over whether a product conforms to the standards shall be handled in accordance with the inspection data provided by the
inspection organizations as specified in the preceding paragraph.
Chapter IV Legal Responsibility
Article 20
Whoever produces, sells or imports products that do not conform to the compulsory standards shall be dealt with according to law by
the competent administrative authorities as prescribed by the laws and administrative rules and regulations. In the absence of such
prescriptions, his products and unlawful proceeds shall be confiscated and he shall be concurrently fined by the administrative authorities
for industry and commerce; where serious consequences are caused and crimes are constituted, the person directly responsible shall
be investigated for criminal responsibility in accordance with the law.
Article 21
Where authentication marks are used on products leaving a factory for sale, for which authentication certificates have been issued
but which do not conform to national or trade standards, the enterprise concerned shall be ordered by the department of standardization
administration to stop the sale and shall be fined concurrently; where the circumstances are serious, the authentication certificates
shall be revoked by the department that made the authentication.
Article 22
Whoever uses authentication marks, without authorization, on products leaving a factory for sale, which have not undergone authentication
or have been found not up to the standards after the authentication proceedings, shall be ordered by the department of standardization
administration to stop the sale and shall concurrently be fined.
Article 23
A party which refuses to accept the punishment of confiscation of its products and of its unlawful proceeds and a fine may, within
15 days of receiving the penalty notice, apply for reconsideration to the office immediately above the one that made the punishment
decision; a party which refuses to obey the reconsideration decision may, within 15 days of receiving the reconsideration decision,
bring a suit before a people’s court. The party also may, within 15 days of receiving the penalty notice, directly bring a suit before
a people’s court. If a party neither applies for reconsideration nor brings a suit before a people’s court within the prescribed
time nor complies with the punishment decision, the office that made the punishment decision shall apply to a people’s court for
compulsory execution.
Article 24
Personnel responsible for the supervision, inspection and administration of standardization who violate the law or neglect their duties,
or are engaged in malpractices for personal gains, shall be given disciplinary sanctions; where crimes are constituted, their criminal
responsibility shall be investigated in accordance with the law.
Chapter V Supplementary Provisions
Article 25
Rules for the implementation of this Law shall be formulated by the State Council.
Article 26
This Law shall enter into force as of April 1, 1989.
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