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INTERIM MEASURES FOR PROHIBITION AGAINST BRINGING NEGOTIABLE INSTRUMENTS AND SECURITIES IN THE STATE CURRENCY INTO AND OUT OF CHINA (NOTE 1)

Category  BANKING Organ of Promulgation  The Government Administration Council Status of Effect  In Force
Date of Promulgation  1952-10-15 Effective Date  1952-10-15  


Interim Measures of the People’s Republic of China for Prohibition Against Bringing Negotiable Instruments and Securities in the
State Currency Into and out of China (Note 1)


Notes:

(Approved and promulgated by the Finance and Economic Commission trader

the Government Administration Council on October 15, 1952)

    I.  These measures are formulated for the purpose of implementing Measures
of the People’s Republic of China for Prohibition Against Bringing the State
Currency into and out of China (Note 2), which has been promulgated by the
Government Administration Council of the Central People’s Government.

    II.  The term “negotiable instruments and securities in the State
currency” (hereinafter referred to as “instruments in the domestic currency”)
referred to herein means the following items:

    1. drafts, promissory notes, cheques, deposit certificates and passbooks
in China with payment to be made in the domestic currency;

    2. such negotiable securities as government bonds, share certificates and
debenture bonds that are issued domestically; and

    3. all other payment instruments for making domestic payment.

    III.  The instruments in the domestic currency referred to herein shall
be prohibited from being carried on the person or sent into or out of China
without permission, but (1) with respect to instruments in the domestic
currency that are to be carried on the person or sent into or out of China
upon approval by the People’s Bank of China or the Bank of China entrusted by
the People’s Bank of China (hereinafter referred to as “the Bank”), the
interested party shall, on the strength of the document(s) issued by the Bank,
apply to the Customs for inspection and clearance; and (2) remittances by
overseas Chinese or money orders that are to be brought or sent into China
upon approval by the Bank shall be subject to Customs inspection before
clearance is granted thereto.

    IV.  Those who, in violation of the provisions in Article III of these
measures, carry on the person without permission or send covertly instruments
in the domestic currency into or out of China shall, upon discovery and
seizure thereof, be dealt with by the Customs in accordance with the Interim
Customs Law of the People’s Republic of China (Note 3) and other pertinent
laws and regulations.

    V.  If a passenger who is declaring to the Customs the instruments in the
domestic currency that he/she is carving out of China on the person fails to
produce a certificate issued by the Bank permitting him/her to do so, the
Customs shall detain the said instruments and give a receipt therefor and
shall hand over the instruments thus detained to the Bank for custody. The
detained instruments shall be claimed from the Bank either by a domestic
agent duly designated by the passenger or by the passenger himself/herself
upon his/her return to China.

    VI.  Anyone who knows of any act(s) of violation of these measures shall
report the offense(s) to the Bank, the Customs or other authorities concerned
and shall, alter the verification and handling of the offense(s), be rewarded
at the discretion of the afore-said authorities. The informer shall have the
right to require the Bank, the Customs or other authorities concerned to
maintain the informer’s anonymity.

    VII.  These measures shall go into effect as of the date of promulgation.

Notes:

    Note 1  With regard to the measures of the People’s Republic of China for
control of carrying the state courrency into and out of China, the Measures of
the People’s Republic of China for Control of Carrying the State Currency into
and out of China, promulgated by Decree No.108 of the State Council on January
20, 1993, shall apply. –The Editor

    Note 2  The Measures of the People’s Republic of China for Prohibition
Against Taking the State Currency into and out of China, promulgated by the
Government Administration Council on March 6, 1951, have been repealed by
Decree No.108 of the State Council issued on January 20, 1993. –The Editor

    Note 3  The Interim Customs Law of the People’s Republic of China has been
superseded by the Customs Law of the People’s Republic of China, which was
adopted at the 19th Meeting of the Standing Committee of the Sixth National
People’s Congress of the People’s Republic of China on January 22, 1987.
— The Editor





PROCEDURES OF SUPERVISION AND CONTROL BY THE COSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA OVER ENTRY AND EXIT TRAINS AND THE CARGO, LUGGAGE AND PARCELS ON BOARDD

CATALOGUE OF FOREIGN-RELATED LAW ANNULLED FORMALLY FROM TO BY THE NATIONAL PEOPLE’S CONGRESS AND ITS STANDING COMMITTEE

Category  CATALOGUE OF INVALIDATED LAWS AND ADMINISTRATIVE REGULATIONS GOVERNING FOREIGN-RELATED MATTERS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1998-12-31 Effective Date  1998-12-31  


A Catalogue of Foreign-Related Law Annulled Formally from 1979 to 1998 by the National People’s Congress and its Standing Committee



(December 31, 1998)

    REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CONSOLIDATED
INDUSTRIAL AND COMMERCIAL TAX (DRAFT)
(Adopted at the 101st Meeting of the Standing Committee of the National
People’s Congress on September 11, 1958, Promulgated by the State Council
on September 13, 1958)

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ARREST AND DETENTION
(Adopted at the Sixth Meeting of the Standing Committee of the Fifth National
People’s Congress on February 23, 1979, promulgated for implementation by
Order No.1 of the Standing Committee of the National People’s Congress on
February 23, 1979)

ENVIRONMENTAL PROTECTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 11th Meeting of the Standing Committee of the Fifth National
People’s Congress on September 13, 1979, promulgated by Order No.2 of the
Chairman of the Standing Committee of the National People’s Congress on
September 13, 1979)

INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON LAWYERS
(Adopted at the 15th Meeting of the Standing Committee of the Fifth National
People’s Congress on August 26, 1980, promulgated by Order No.5 of the
Standing Committee of the National People’s Congress on August 26, 1980)

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA FOR FOREIGN ENTERPRISES
(Adopted at the Fourth Session of the Fifth National People’s Congress on
December 13, 1981, promulgated by Order No.13 of the Chairman of the Standing
Committee of the National People’s Congress on December 13, 1981)

CIVIL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL
IMPLEMENTATION)
(Adopted at the 22th Meeting of the Standing Committee of the Fifth National
People’s Congress on March 8, 1982, promulgated by Order No.8 of the Standing
Committee of the National People’s Congress on March 8, 1982)

FOOD HYGIENE LAW OF THE PEOPLE’S REPUBLIC OF CHINA (FOR TRIAL IMPLEMENTATION)
(Adopted at the 25th Meeting of the Standing Committee of the Fifth National
People’s Congress on November 19, 1982, promulgated by Order No.12 of the
Standing Committee of the National People’s Congress on November 19, 1982)

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING CHINESE-FOREIGN
EQUITY JOINT VENTURES
(Adopted at the Third Session of the Fifth National People’s Congress on
September 10, 1980, amended by the decision of the Second Meetingof the
Standing Committee of the Sixth National of People’s Congress on September 2,
1983)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE PROCEDURE FOR PROMPT ADJUDICATION OF CASES INVOLVING CRIMINALS
WHO SERIOUSLY ENDANGER PUBLIC SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress on September 2, 1983, promulgated by Order No.4 of the
President of the People’s Republic of China on September 2, 1983)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE TIME LIMITS FOR HANDLING CRIMINAL CASES
(Adopted at the Sixth Meeting of the Standing Committee of the Sixth National
People’s Congress on July 7, 1984, promulgated by Order No.15 of the
President of the People’s Republic of China on July 7, 1984)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY SABOTAGE THE
ECONOMY
(Adopted at the 22nd Meeting of the Standing Committee of the Fifth
National People’s Congress on March 8, 1982)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO SERIOUSLY ENDANGER PUBLIC
SECURITY
(Adopted at the Second Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for implementation by Order No.3 of the
President of the People’s Republic of China on September 2, 1983)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF SMUGGLING
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.62 of the
President of the People’s Republic of China on January 21, 1988)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF EMBEZZLEMENT AND BRIBERY
(Adopted at the 24th Meeting of the Standing Committee of the Sixth National
People’s Congress and promulgated for enforcement by Order No.63 of the
President of the People’s Republic of China on January 21, 1988)

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)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF CATCHING OR KILLING
PRECIOUS AND ENDANGERED SPECIES OF WILDLIFE UNDER SPECIAL STATE PROTECTION
(Adopted at the Fourth Meeting of the Standing Committee of the Seventh
National People’s Congress and promulgated for enforcement by Order No.10 of
the President of the People’s Republic of China on November 8, 1988)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMES OF DESECRATING THE NATIONAL FLAG AND THE NATIONAL
EMBLEM OF THE PEOPLE’S REPUBLIC OF CHINA
(Adopted at the 14th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 28, 1990, promulgated by Order No.29 of the
President of the People’s Republic of China on June 28, 1990, and effective
as of June 28, 1990)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING THE PUNISHMENT OF THE CRIME OF EXCAVATING AND ROBBING
SITES OF ANCIENT CULTURE OR ANCIENT TOMBS
(Adopted at the 20th Meeting of the Standing Committee of the Seventh National
People’s Congress on June 29, 1991, promulgated by Order No.48 of the
President of the People’s Republic of China on June 29, 1991, and effective
as of June 29, 1991)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING
THE PUNISHMENT OF CRIMINALS ENGAGED IN AIRCRAFT HIJACKING
(Adopted at the 29th Meeting of the Standing Committee of the Seventh National
People’s Congress on December 28, 1992, promulgated by Order No. 67 of the
President of the People’s Republic of China on December 28, 1992, and
effective as of December 28, 1992)

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S
CONGRESS REGARDING PUNISHING CRIMES OF COUNTERFEITING REGISTERED TRADEMARKS
(Adopted at the 30th Meeting of the Standing Committee of the Seventh National
People’s Congress on February 22, 1993, promulgated by Order No. 70 of the
President of the People’s Republic of China on February 22, 1993 and effective
as of July 1, 1993)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF PRODUCTION AND SALE OF FAKE OR SUBSTANDARD
COMMODITIES
(Adopted at the Second Meeting of the Standing Committee ofthe Eighth National
People’s Congress on July 2, 1993, promulgated by Order No.7 of the President
of the People’s Republic of China on July 2, 1993 and effective as of
September 1, 1993)

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON
PUNISHMENT OF THE CRIMES OF INFRINGING COPYRIGHT
(Adopted at the Eighth Meeting of the Standing Committee of the Eighth
National People’s Congress, promulgated by Order No.30 of the President of
the People’s Republic of China and effective as of July 5, 1994)

DECISION ON THE PUNISHMENT OF CRIMES VIOLATING THE COMPANY LAW
(Adopted at the 12th Meeting of the Standing Committee of the Eighth National
People’s Congress on February 28, 1995 and promulgated by Order No.41 of the
President of the People’s Republic of China on February 28, 1995)

Law of the People’s Republic of China on Economic Contracts Involving
Foreign Interest
(Adopted at the Tenth Session of the Standing Committee of the Sixth
National People’s Congress, promulgated by Order No. 22 of the President of
the People’s Republic of China on March 21, 1985)





SUPPLEMENTARY PROVISIONS OF THE STATE COUNCIL FOR REHABILITATION THROUGH LABOUR

PROCEDURES FOR THE REGISTRARTION AND ADMINISTRATION OF CHINESE-FOREIGN JOINT VENTURES

Procedures of the PRC for the Registrartion and Administration of Chinese-Foreign Joint Ventures

    

(Promulgated by the State Council on and Effective as of July 26, 1980)

   Article 1.

In accordance with the provisions of the Law of the People’s Republic of China on Chinese-Foreign Joint Ventures, these Procedures
are formulated in order to carry out the registration and administration of Chinese-foreign joint ventures and to safeguard their
lawful operations.

   Article 2.

A Chinese-foreign joint venture that has been approved by the Foreign Investment Commission of the People’s Republic of China shall,
within one month after approval, register with the General Administration for Industry and Commerce of the People’s Republic of China.

The General Administration for Industry and Commerce of the People’s Republic of China shall authorize the administrative bureaus
for industry and commerce of the provinces, autonomous regions and municipalities directly under the central authority to handle
registration procedures for Chinese-foreign joint ventures within the areas under their jurisdiction, and business license shall
be issued after examination and approval by the General Administration for Industry and Commerce of the People’s Republic of China.

   Article 3.

A Chinese-foreign joint venture that applies for registration shall present the following documents:

(1) The document of approval issued by the Foreign Investment Commission of the People’s Republic of China;

(2) Three copies each of the Chinese and foreign language texts of the joint venture agreement and contract signed by the parties
to the joint venture and its articles of association; and

(3) A copy of the business license or other documents issued by the competent department of the government of the country (or region)
from which the foreign joint venturer(s) come.

   Article 4.

When a Chinese-foreign joint venture applies for registration, it shall fill out three copies each of a registration form in Chinese
and a foreign language. The main items of registration shall be: the name of the venture, the address, the scope of production and
operation, the form of production and operation, the registered capital and the proportion to be provided by each party to the joint
venture, the chairman and vice- chairman of the board of directors, the president and vice-presidents or the factory manager and
deputy factory managers, the number and date of the document of approval, the total number of staff and workers and the number of
staff and workers of foreign nationality.

   Article 5.

From the date it is issued its business license, a Chinese-foreign joint venture shall be regarded as formally established, and its
legitimate production and operation activities shall be protected by the laws of the People’s Republic of China.

Unregistered enterprises shall not be permitted to go into operation.

   Article 6.

A Chinese-foreign joint venture shall, upon presenting its business license, open an account with the Bank of China or a bank approved
by the Bank of China and register with the local tax authorities for the payment of taxes.

   Article 7.

When a Chinese-foreign joint venture desires to move to a new site, change its line of production, increase, decrease of assign the
registered capital or extend the contract period, it shall, within one month after approval by the Foreign Investment Commission
of the People’s Republic of China go through procedures for registering the changes with the administrative bureau for industry and
commerce of the province, autonomous region or municipality directly under the central authority where it is located.

When there are changes in other registered items, they shall be reported in writing at the end of the year to the administrative bureau
for industry and commerce of the province, autonomous region or municipality directly under the central authority where the joint
venture is located.

   Article 8.

When a Chinese-foreign joint venture registers or modifies its registration, it shall pay a registration fee or a fee for modification
of registration, the amount of which shall be stipulated by the General Administration for Industry and Commerce of the People’s
Republic of China.

   Article 9.

A Chinese-foreign joint venture, upon the expiration of the contract period or upon termination of the contract before the date of
expiration, shall go through procedures for nullifying its registration by presenting the document of approval, issued by the Foreign
Investment Commission of the People’s Republic of China, to the administrative bureau for industry and commerce of the province,
autonomous region or municipalities directly under the central authority where it is located and, after examination and approval
by the General Administration for Industry and Commerce of the People’s Republic of China, hand in its business license for cancellation.

   Article 10.

The General Administration for Industry and Commerce of the People’s Republic of China and the administrative bureaus for industry
and commerce of the provinces, autonomous regions and municipalities directly under the central authority have the right to supervise
and inspect the Chinese-foreign joint ventures within the area under their jurisdiction. Violators of these Procedures shall be given
a warning or a fine in accordance with the seriousness of each case.

   Article 11.

These Procedures shall go into effect on the day they are promulgated.

(The English translations are for reference only)

    





ANNOUNCEMENT OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING REGISTRATION OF RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

The State Administration for Industry and Commerce

Announcement of the State Administration for Industry and Commerce of the People’s Republic of China Concerning Registration of Resident
Representative Offices of Foreign Enterprises

the State Administration for Industry and Commerce

December 8,1980

“Interim Provisions of the People’s Republic of China Concerning the Control of Resident Representative Offices of Foreign Enterprises”
(referred to hereafter as “Interim Provisions”) has been promulgated and gone into effect. Now the Announcement Concerning Registration
Reads as follows:

(1)

In accordance with the “Interim Provisions”, a resident representative office or a resident representative, when approved by the proper
ministries and departments under the State Council, comes to the General Administration for registration procedures. In order to
facilitate the resident representative offices or resident representatives to go through the registration procedures in their localities,
the General Administration has authorized the administrative bureaus for industry and commerce in various provinces, municipalities
directly under the Central Government and autonomous regions to undertake registration procedures on its behalf.

(2)

A resident representative office or a resident representative, when approved by the proper ministries and departments under the State
Council before the promulgation of the “Interim Provisions”, must, by December 20, 1980, go to the administrative bureaus for industry
and commerce in various provinces, municipalities directly under the Central Government and autonomous regions in their localities
on the strength of the approval documents issued by the various proper ministries and departments and duplicates or photocopies of
the documents listed in Article 3 of the “Interim Provisions” and go through the registration procedures and it will be granted
a “Registration Certificate of Resident Representative Office of Foreign Enterprise” by the General Administration for Industry and
Commerce of the People’s Republic of China.

(3)

A resident representative office or a resident representative of an overseas Chinese, Hongkong or Macao enterprise that has been approved
by the proper ministries and departments under the State Council or granted approval after the issuance of the Announcement, shall
also go through registration procedures in accordance with the “Interim Provisions” and be granted a “Registration Certificate of
Resident Representative Office of the Overseas Chinese, Hongkong or Macao Enterprise” by the General Administration for Industry
and Commerce of the People’s Republic of China.

(4)

A resident representative office or a resident representative that has been approved by the provincial, municipal or autonomous regional
people’s government or the proper departments under them, shall register with the administrative bureaus for industry and commerce
in the provinces, municipalities directly under the Central Government or autonomous regions in accordance with the provisions of
the provinces, municipalities directly under the Central Government or autonomous regions, and go through registration procedures
and secure a “Registration Certificate of Resident Representative Office of Foreign Enterprise” issued by the administrative bureaus
for industry and commerce in provinces, municipalities directly under the Central Government or autonomous regions.

(5)

When an approved resident representative office or an approved resident representative of a foreign enterprise goes through registration
formalities, it should pay the registration fee of RMB 600 yuan. When going through the procedure of renewing the registration certificate,
it should pay the registration fee of RMB 300 yuan. When going through the procedure for effecting a change in registration, it should
pay the fee of RMB 100 yuan.

(6)

The period of validity of the “Registration Certificate of Resident Representative Office of Foreign Enterprise” is the duration period
of the resident approved. Exceeding the period, it should go through the registration procedures again. With a resident period longer
than one year, it goes through registration procedures once every year.



 
The State Administration for Industry and Commerce
1980-12-08

 






PROCEDURES FOR THE REGISTRATION, EXAMINATION AND APPROVAL OF JOINT VENTURES USING CHINESE AND FOREIGN INVESTMENT

THE ECONOMIC CONTRACT LAW OF THE PEOPLE’S REPUBLIC OF CHINA

TRADEMARK LAW

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  With An Amendment Existing
Date of Promulgation  1982-08-23 Effective Date  1983-03-01  


Trademark Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Application for Trademark Registration
Chapter III  Examination and Approval of Trademark Registration
Chapter IV  Renewal, Assignment and Licensing of Registered Trademarks
Chapter V  Determination of Disputes Concerning Registered Trademarks
Chapter VI  Administrative Control of the Use of Trademarks
Chapter VIII  Supplementary Provisions

(Adopted at the 24th Meeting of the Standing Committee of the Fifth

National People’s Congress and promulgated by Order No. 10 of the Standing
Committee of the National People’s Congress on August 23, 1982, and
effective as of March 1, 1983) (Editor’s Note: For the revised text, see
Decision of the Standing Committee of the National People’s Congress on
Revision the Trademark Law of the People’s Republic of China promulgated
on February 22, 1993)
Contents

    Chapter I    General Provisions

    Chapter II   Application for Trademark Registration

    Chapter III  Examination and Approval of Trademark Registration

    Chapter IV   Renewal, Assignment and Licensing of Registered Trademarks

    Chapter V    Determination of Disputes Concerning Registered Trademarks

    Chapter VI   Administrative Control of the Use of Trademarks

    Chapter VII  Protection of the Right to Exclusive Use of a Registered
Trademark

    Chapter VIII Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated for the purpose of improving the
administration of trademarks, protecting the right to exclusive use of
trademarks and encouraging producers to guarantee the quality of their goods
and maintain the reputation of their trademarks, so as to protect the
interests of consumers and promote the development of the socialist commodity
economy.

    Article 2  The Trademark Office of the administrative department for
industry and commerce under the State Council shall be in charge of the work
of trademark registration and administration throughout the country.

    Article 3  Registered trademarks are those that have been approved and
registered by the Trademark Office. Trademark registrants shall enjoy the
right to exclusive use of their trademarks and shall be protected by law.

    Article 4  Any enterprise, institution or self-employed industrialist or
businessman that needs to acquire the right to exclusive use of a trademark
for the goods it produces, manufactures, processes, selects or markets shall
file an application for registration with the Trademark Office.

    Article 5  With respect to goods that the state has designated as
requiring the use of a registered trademark, an application for trademark
registration must be filed; the goods may not be sold on the market before
registration is granted.

    Article 6  The user of a trademark shall be responsible for the quality
of the goods on which the trademark is used. The administrative departments
for industry and commerce at all levels shall, by means of trademark
administration, exercise supervision over the quality of goods and stop any
practices that deceive consumers.

    Article 7  Any word or design, or combination thereof, used as a
trademark, shall have distinctive characteristics so as to facilitate
identification. Wherever a registered trademark is used, it shall bear the
words “Registered trademark” or a sign indicating that it is registered.

    Article 8  The following words or designs may not be used in trademarks:

    (1) those identical with or similar to the national name, national flag,
national emblem, military flag or medals of the People’s Republic of China;

    (2) those identical with or similar to the national name, national flag,
national emblem or military flag of any foreign country;

    (3) those identical with or similar to the flag, emblem or name of any
intergovernmental international organization;

    (4) those identical with or similar to the symbol or name of the Red
Cross or the Red Crescent;

    (5) the generic name or design of the goods concerned;

    (6) those directly indicating the quality, main raw materials, function,
use, weight, quantity or other characteristics of the goods concerned;

    (7) those having the nature of discrimination against any nationality;

    (8) those constituting exaggerated and deceitful advertising; and

    (9) those detrimental to socialist morality or customs, or having other
harmful influences.

    Article 9  Where a foreigner or foreign enterprise applies for trademark
registration in China, the matter shall be handled in accordance with any
agreement concluded between the country to which the applicant belongs and
the People’s Republic of China, or any international treaty to which both
countries are parties, or on the basis of the principle of reciprocity.

    Article 10  Where a foreigner or foreign enterprise applies for trademark
registration or deals with other trademark matters in China, it shall
entrust an organization designated by the Chinese Government to act on its
behalf.
Chapter II  Application for Trademark Registration

    Article 11  An applicant for trademark registration shall report, in
accordance with the prescribed classification of goods, the class of the goods
and the designation of the goods on which the trademark is to be used.

    Article 12  If an applicant intends to use the same trademark on goods
in different classes, it shall submit separate applications for registration
in accordance with the classification of goods.

    Article 13  If a registered trademark needs to be used on other goods of
the same class, a new application for registration shall be filed.

    Article 14  If any word or design of a registered trademark needs to be
changed, a new application for registration shall be filed.

    Article 15  If a change needs to be made in the name, address or any other
registered matter concerning the registrant of a registered trademark, an
application to make the change shall be filed.
Chapter III  Examination and Approval of Trademark Registration

    Article 16  When an application has been made to register a trademark that
is in conformity with the relevant provisions of this Law, the Trademark Office
shall make a preliminary examination and approval of that trademark and shall
publicly announce it.

    Article 17  If an application has been made to register a trademark that
is not in conformity with the relevant provisions of this Law or that is
identical with or similar to another person’s trademark which has already been
registered or given preliminary examination and approval for use on the same
kind of goods or similar goods, the Trademark Office shall reject the current
application and shall not publicly, announce that trademark.

    Article 18  If two or more applicants apply for registration of identical
or similar trademarks for the same kind of goods or similar goods, the
trademark whose registration was first applied for shall be given preliminary
examination and approval and shall be publicly announced; if the applications
are filed on the same day, the trademark which was first used shall be given
preliminary examination and approval and shall be publicly announced, and the
applications of the others shall be rejected and shall not be publicly
announced.

    Article 19  Any person may file on opposition to a trademark which has
been given preliminary examination and approval, within three months from the
day it was publicly announced. If no opposition is filed, or if it is
determined that the opposition is not justified, registration shall be
granted, a trademark registration certificate shall be issued and the
trademark shall be publicly announced. If it is determined that the opposition
is justified, no registration shall be granted.

    Article 20  The administrative department for industry and commerce under
the State Council shall establish a Trademark Review and Adjudication Board to
be responsible for handling trademark disputes.

    Article 21  When an application for trademark registration has been
rejected and the trademark is not to be publicly announced, the Trademark
Office shall notify the applicant in writing. If the applicant does not agree
with the rejection, it may apply for a reexamination within 15 days after
receiving the notification, and the Trademark Review and Adjudication Board
shall make a final decision and notify the applicant in writing.

    Article 22  If an opposition is filed against a trademark which has been
given preliminary examination and approval and has been publicly announced,
the Trademark Office shall hear the opponent’s and the applicant’s statements
of the facts and reasons and shall, after investigation and verification,
make a decision. If a party disagrees with the decision, it may apply for a
reexamination within 15 days after receiving notification of the decision,
and the Trademark Review and Adjudication Board shall make a final decision
and notify the opponent and the applicant in writing.
Chapter IV  Renewal, Assignment and Licensing of Registered Trademarks

    Article 23  The period of validity of a registered trademark shall be ten
years, counted from the day the registration is approved.

    Article 24  If a registrant needs to continue to use the registered
trademark after the period of validity expires, an application for renewal of
registration shall be made within six months before the expiration. If the
registrant fails to make such an application within that period, an extension
period of six months may be granted. If no application has been filed before
the extension period expires, the registered trademark shall be cancelled.

    The period of validity for each renewal of registration shall be ten
years. After a renewal of registration has been approved, it shall be publicly
announced.

    Article 25  When a registered trademark is to be assigned, the assignor
and the assignee shall jointly file an application with the Trademark Office.
The assignee shall guarantee the quality of the goods on which the registered
trademark is to be used.

    After the assignment of a registered trademark has been approved, it
shall be publicly announced.

    Article 26  A trademark registrant may, by concluding a trademark
licensing contract, authorize another person to use its registered trademark.
The licensor shall supervise the quality of the goods on which the licensee
uses the licensor’s registered trademark, and the licensee shall guarantee the
quality of the goods on which the registered trademark is to be used.

    The trademark licensing contract shall be submitted to the Trademark office
for the record.
Chapter V  Determination of Disputes Concerning Registered Trademarks

    Article 27  If there is a dispute over a registered trademark, the
disputant may apply to the Trademark Review and Adjudication Board for a
ruling within one year from the day, the trademark registration was approved.

    After the Trademark Review and Adjudication Board has received an
application for a ruling, it shall notify the parties concerned and request
them to reply within a specified period.

    Article 28  If an opposition was filed and a ruling already made prior to
the approval of the registration of a trademark, the same facts and reasons
may not be used in an another application for a ruling.

    Article 29  After the Trademark Review and Adjudication Board has made the
final ruling upholding or revoking a registered trademark in dispute, it shall
notify the parties concerned in writing.
Chapter VI  Administrative Control of the Use of Trademarks

    Article 30  In the event of any of the following acts concerning the use
of a registered trademark, the Trademark Office shall order rectification of
the situation within a specified period or shall revoke the registered
trademark:

    (1) if any word or design, or combination thereof, of the registered
trademark is altered without authorization;

    (2) if the registrant’s name, address or any other registered matters
concerning the registered trademark is changed without authorization;

    (3) if the registered trademark is assigned without authorization; and

    (4) if the registered trademark has not been used for three consecutive
years.

    Article 31  If a registered trademark is used on crudely manufactured
goods that are passed off as being of high quality, thus deceiving consumers,
the administered administrative departments for industry and commerce at
various levels shall, according to the circumstances, order rectification of
the situation within a specified period and may, in addition, circulate a
notice on the matter or impose a fine, or the Trademark Office may revoke
the registered trademark.

    Article 32  If a registered trademark is revoked or is not renewed after
its period of validity expires, the Trademark Office shall not approve any
application for the registration of a trademark identical with or similar to
the said trademark within one year from the day of the revocation or
cancellation.

    Article 33  In the event of a violation of the provisions of Article 5 of
this Law, the local administrative department for industry and commerce shall
order the violator to file an application for registration within a specified
period and may, in addition, impose a fine.

    Article 34  In the event of any of the following acts concerning the use
of an unregistered trademark, the local administrative department for industry
and commerce shall stop the use of the trademark, order rectification of the
situation within a specified period and may, in addition, circulate a notice
on the matter or impose a fine:

    (1) if the trademark is falsely represented as being a registered one;

    (2) if the trademark violates the provisions of Article 8 of this Law; or

    (3) if the trademark is used on crudely manufactured goods that are passed
off as being of high quality, thus deceiving consumers.

    Article 35  If a party disagrees with the decision of the Trademark Office
to revoke a registered trademark, it may apply for a reexamination within 15
days after receiving notification of the revocation, and the Trademark Review
and Adjudication Board shall make a final decision and notify the applicant
in writing.

    Article 36  If a party disagrees with the decision of the administrative
department for industry and commerce to impose a fine under the provisions of
Article 31,33 or 34 of this Law, it may bring a suit in a people’s court
within 15 days after receiving the notification of the decision. If, at the
expiration of such a period, the party has neither brought a suit nor complied
with the decision, the relevant administrative department for industry and
commerce shall apply to the people’s court for compulsory enforcement of its
decision.

    Chapter VII  Protection of the Right to Exclusive Use of a Registered
Trademark

    Article 37  The right to exclusive use of a registered trademark shall be
limited to trademarks which have been approved for registration and to goods
on which the use of a trademark has been approved.

    Article 38  Any of the following acts shall be an infringement of the
right to exclusive use of a registered trademark:

    (1) using a trademark which is identical with or similar to the registered
trademark on the same kind of goods or similar goods without a licence from
the owner of that registered trademark;

    (2) manufacturing or selling, without authorization, representations of
the registered trademark of another person; or

    (3) harming, in other ways, another person’s right to exclusive use of a
registered trademark.

    Article 39  In the event of any of the acts listed in Article 38 of this
Law, infringing the right to exclusive use of a registered trademark, the
party whose right has been infringing may request the administrative
department for industry and commerce at or above the county level in the place
where the infringer is located to handle the matter. The relevant
administrative department for industry and commerce shall have the right to
order the infringer to stop the infringing act immediately and to compensate
the party whose right has been infringed for its losses; the amount of
compensation shall be the profits which the infringer has obtained as a result
of the infringement during the period of the infringement or the losses
incurred by the party whose right has been infringed as a result of the
infringement during the period of the infringement. If the circumstances
are serious, a fine may be concurrently imposed. If a party disagrees with
the order, it may bring a suit in a people’s court within 15 days after
receiving notification of the order. If, at the expiration of such a period,
the party has neither brought a lawsuit nor complied with the decision, the
relevant administrative department for industry and commerce shall request
the people’s court for compulsory enforcement of its decision. In the event of
an infringement of the right to exclusive use of a registered trademark, the
party whose right has been infringed may also directly bring a suit in a
people’s court.

    Article 40  Any person who falsely uses the registered trademark of
another person, including the unauthorized manufacture or sale of
representations of another person’s registered trademark, shall be ordered to
make compensation for the losses suffered by the party whose right has been
infringed and may be concurrently punished by a fine. Moreover, the criminal
responsibility of the person directly responsible shall be investigated by
the judicial organs in accordance with the law.
Chapter VIII  Supplementary Provisions

    Article 41  Applicants for trademark registration and the handling of
other trademark matters shall pay a fee, the specific standards of which shall
be prescribed separately.

    Article 42  Rules for the implementation of this Law shall be formulated
by the administrative department for industry and commerce under the State
Council, and shall be implemented after they have been submitted to and
approved by the State Council.

    Article 43  This Law shall go into effect as of March 1, 1983. On that
same day, the Regulations on Trademark Administration promulgated by the State
Council on April 10, 1963 shall simultaneously be repealed, and any other
provisions concerning trademark administration that conflict with this Law
shall be invalidated.

    Trademarks registered before this Law goes into effect shall continue to
be valid.





DETAILED RULES FOR THE IMPLEMENTATION OF CUSTOMS SUPERVISION AND CONTROL AND TAXATION ON IMPORT AND EXPORT GOODS BY ENTERPRISES DOING PROCESSING, ASSEMBLING AND SMALL AND MEDIUM-SCALED COMPENSATION TRADE

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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