State Intellectual Property Office: "Measures for the Administration of Trademark Agency Credit Evaluation (Draft for Public Comments)"-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Intellectual Property Office: "Measures for the Administration of Trademark Agency Credit Evaluation (Draft for Public Comments)"

Release Time：

2023-10-27

In order to further increase the crackdown on illegal and untrustworthy behaviors of intellectual property agencies, comprehensively use credit supervision methods, strengthen the supervision of intellectual property agencies, and build a long-term mechanism to promote the healthy and orderly development of the intellectual property agency industry, the State Intellectual Property Office drafted The "Measures for the Management of Credit Evaluation of Trademark Agents (Draft for Public Comments)" were issued. The specific contents are as follows:

Credit rating evaluation

Article 5 The credit ratings of trademark agencies and trademark agency practitioners are divided into "A", "B", "C" and "D" in order from high to low, and are evaluated according to the scoring situation. The full score is 100 points, and deductions will be made based on negative information. Negative information includes irregular business operations or agency behavior, administrative or criminal penalties, industry penalties, etc. The grade standards are as follows:

(1) Grade A means a credit score of 90 points or more (inclusive) and 100 points (inclusive);

(2) Grade B refers to those with a credit score of 80 points or more (inclusive) but less than 90 points;

(3) Grade C refers to those with a credit score of 60 points or more (inclusive) but less than 80 points;

(4) Grade D refers to those with a credit score of less than 60 points.

Based on factors such as honor awards and social contribution, additional bonus points will be appropriately set, and an "A+" grade will be added, with the corresponding grade standard exceeding 100 points.

Article 6 The State Intellectual Property Office and local intellectual property management departments at or above the county level shall, in accordance with the "Trademark Agency Credit Evaluation Index System and Evaluation Rules" and the "Trademark Agency Practitioners Credit Evaluation Index System and Evaluation Rules", based on written certification materials, Trademark agencies and trademark agency practitioners conduct credit scoring to form the credit rating of trademark agencies and trademark agency practitioners.

The collection of credit information, credit scoring, grade determination, and result disclosure for trademark agency credit evaluation are carried out through the trademark agency credit evaluation management system.

Article 7 Trademark agency credit information is collected from the following channels based on the trademark agency credit evaluation management system:

(1) Information generated in the administrative management process by the State Intellectual Property Office and local intellectual property management departments at or above the county level, as well as information generated in the process of trademark agency supervision;

(2) Information generated by trademark agency industry organizations in their daily work;

(3) Information submitted by trademark agencies and trademark agency practitioners;

(4) Information disclosed by other industry authorities and industry associations, as well as other information that can reflect the credit status of trademark agencies and trademark agency practitioners.

Information on cross-regional business operations of trademark agencies, as well as relevant credit information of branches, is collected from the place where the business is carried out or where the branches are located, and collected to the local intellectual property management department at or above the county level where the agency is located.

The credit information generated by national trademark agency industry organizations is collected into the State Intellectual Property Office for unified credit scoring.

The credit information generated by local trademark agency industry organizations is gathered to the local intellectual property management department at the same level where the industry organization is located for unified credit scoring.

Article 8 The credit scores and ratings of trademark agencies and trademark agency practitioners shall be dynamically managed. The State Intellectual Property Office and local intellectual property management departments at or above the county level shall update the credit scores within 7 working days after receiving the credit change information. score and credit rating. Unless otherwise specified, 12 months after the credit score is deducted or increased due to relevant circumstances, the deducted or increased points will be reset to zero, causing changes in the credit rating, and will be updated accordingly.

Disclosure, inquiry, objection and credit repair of credit information

Article 9 The State Intellectual Property Office and local intellectual property management departments at or above the county level may publicize the credit rating of trademark agencies on portal websites, online trademark business processing platforms, trademark business acceptance windows and other places.

The State Intellectual Property Office provides trademark agency credit information inquiry services through the trademark agency credit evaluation management system. The public can check the credit rating of trademark agencies and trademark agency practitioners; trademark agencies can query the credit score details of their own agencies, as well as batch query the credit ratings of trademark agency practitioners practicing in their agencies; trademark agency practitioners can query My credit score details.

Article 10 If trademark agencies and trademark agency practitioners have objections to their respective credit scores and levels, unless otherwise provided, they may apply for verification through the trademark agency credit evaluation management system to the intellectual property management department that implements the scoring, and provide Relevant information or supporting materials. The intellectual property management department that implements scoring will complete the verification of the objection application within 15 working days from the date of receipt of the application, and notify the applicant who raised the objection of the verification results and reasons. If the objection request is supported, the credit score and grade will be restored. The credit score and grade during the objection period will not affect the application of the credit evaluation results.

Article 11 After 6 months have passed since the credit score of a trademark agency or trademark agency practitioner has been deducted, if the relevant behavior can be corrected due to the performance of relevant obligations and the correction has been completed, unless otherwise provided, the trademark agency credit evaluation can be The management system provides relevant information or certification materials to the intellectual property management department that implements scoring, and applies for credit restoration. The intellectual property management department that implements scoring will review the restoration application within 15 working days from the date of receipt of the application, and notify the applicant of the review results and reasons for the restoration. If the repair application is approved, the points deducted will be restored.

Credit repair will not be granted if one of the following circumstances occurs:

(1) It has been less than 12 months since the last credit repair;

(2) There is fraud, intentional concealment of facts, etc. in the process of applying for credit repair;

(3) Laws, administrative regulations, and policy documents of the Party Central Committee and the State Council clearly stipulate that repair is not possible.

If the situation (2) in the preceding paragraph exists, you may not apply for credit restoration again within 2 years from the date of discovery, and the credit score deduction period will be recalculated.

Article 12 If trademark agencies and trademark agency practitioners object to the credit score results issued by the State Intellectual Property Office or apply for credit restoration, the intellectual property management department of the people's government of the province, autonomous region, or municipality directly under the Central Government where they are located shall uniformly accept the application and pass the application. The trademark agency credit evaluation management system reports to the State Intellectual Property Office for review. The relevant review results and reasons will be notified to the applicant through the intellectual property management department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the applicant is located.

Application of results

Article 13 The State Intellectual Property Office and local intellectual property management departments at or above the county level shall establish a joint trademark agency credit management mechanism to implement classified services and supervision based on the credit status of trademark agencies and trademark agency practitioners.

Article 14 For trademark agencies and trademark agency practitioners that have reached the "A+" or "A" level, the State Intellectual Property Office and local intellectual property management departments at or above the county level may reduce the frequency of daily inspections and apply for financial funding projects, Priority is given to acceptance and review in the filing of relevant review facilitation measures.

Article 15 For “B”-level trademark agencies and trademark agency practitioners, the State Intellectual Property Office and local intellectual property management departments at or above the county level shall implement routine supervision, provide timely business guidance, and implement corresponding measures based on changes in credit ratings. Incentives and classified regulatory measures.

Article 16 For “C”-level trademark agencies and trademark agency practitioners, the State Intellectual Property Office and local intellectual property management departments at or above the county level will list them as key inspection objects, increase the frequency of inspections, and provide business guidance and policy propaganda. , impose certain restrictions on the application for fiscal capital projects and the filing of relevant review facilitation measures.

Article 17 For “D” level trademark agencies and trademark agency practitioners, the State Intellectual Property Office and local intellectual property management departments at or above the county level, as well as various trademark agency associations and intellectual property service industry associations shall implement classified management and shall It is listed as a key supervision object, the frequency of inspections is increased, strict supervision is carried out in accordance with the law, and convenience measures such as the notification and commitment system are restricted, and the application of various preferential policies, fiscal capital project applications, related review facilitation measures filing, evaluation of excellence, first evaluation, and Strict coordination restrictions will be imposed on the screening of participating units, recommendation of agents, and recommendation of relevant experts and talents for various activities.

Supplementary Provisions

Article 18 Local intellectual property management departments at or above the county level may formulate specific implementation measures based on these Measures.

Article 19 The State Intellectual Property Office is responsible for the interpretation of these Measures.

Article 20 These Measures shall come into effect on day, month, year.

Trademark agency credit rating

Indicator system and evaluation rules (draft for public comments)

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