Notice from the Office of the State Intellectual Property Office on Strictly Cracking Down on Agents’ Forgery of Geographical Indication Application Materials-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Notice from the Office of the State Intellectual Property Office on Strictly Cracking Down on Agents’ Forgery of Geographical Indication Application Materials

Release Time：

2022-07-08

The Intellectual Property Office of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps, and the Sichuan Provincial Intellectual Property Service Promotion Center: In accordance with the "Notice on Continuously Deepening the "Blue Sky" Special Rectification Action of the Intellectual Property Agency Industry" No. 624 of the State Intellectual Property Office 》 (Guozhi Shipping Letter [2022] No. 46) requires that all localities are actively promoting special rectification work. Recently, during the trademark review process, our office found that some agencies had forged application materials when applying for geographical indications, disrupting the normal registration order of geographical indication trademarks and destroying a fair and orderly competitive environment.

State Intellectual Property Office Hanyun Zi [2022] No. 624

The Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, and the Sichuan Provincial Intellectual Property Service Promotion Center:

In accordance with the requirements of the "Notice on Continuously Deepening the "Blue Sky" Special Rectification Action in the Intellectual Property Agency Industry" (Guozhi Shiphanzi [2022] No. 46), various localities are actively promoting special rectification work. Recently, during the trademark review process, our office found that some agencies had forged application materials when applying for geographical indications, disrupting the normal registration order of geographical indication trademarks and destroying a fair and orderly competitive environment. In order to thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council on the reform of "delegating power, delegating power, delegating regulation and optimizing services", we will continue to intensify the crackdown on illegal and illegal agency behaviors, and make the agency behavior of forging geographical indication application materials a key rectification content. We are hereby notifying you of severely cracking down on agents who forge application materials for geographical indications as follows:

1. Increase monitoring and investigation efforts

At present, our office has screened the agencies that forged application materials for geographical indications and will now forward the relevant clue materials (attachments) to the intellectual property offices of the provinces (autonomous regions and municipalities) where the agencies are located for investigation and handling. In the future, we will also intensify the monitoring and investigation of agents forging geographical indication application materials, and forward them to investigation and handling in a timely manner.

2. Strengthen supervision, investigation and punishment in accordance with the law

Based on clues about the transferred agent’s behavior of forging geographical indication application materials, an investigation was immediately organized on the relevant agency. Immediate rectification of inappropriate behavior shall be ordered; those who directly or assist the client to tamper with historical materials, fail to check the materials provided by the client, and other illegal activities shall be punished in accordance with the law; if the circumstances are serious, the agency shall report to our office to stop accepting the trademark agency business according to the law; Those who violate criminal laws and other relevant laws will be transferred to relevant departments for processing in a timely manner.

3. Guidance to strengthen industry self-discipline

Guide relevant local industry associations to strengthen industry self-discipline, strengthen industry self-discipline supervision, promptly punish member units that commit the above-mentioned violations, and notify non-member units to expose and publicly condemn them in accordance with the law and their duties.

4. Strengthen joint credit punishment

We must attach great importance to it and implement all work in a timely manner. Institutions that have committed the above-mentioned violations will be strictly restricted or disqualified in the implementation of relevant intellectual property support and incentive policies, the cultivation of brand institutions, and talent selection.

Please submit the case filing status, the name and contact information of the person in charge of clue processing before July 29, 2022, and the implementation status of investigation, rectification, investigation and punishment to the Intellectual Property Utilization Promotion Department of our bureau before September 30.

Notice is hereby given.

State Intellectual Property Office

July 6, 2022

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