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Measures on the Administration of the Printing of Trademarks

Issued: August 19, 2004

Effective: September 1, 2004

Issuing Authority: State Administration for Industry and Commerce ("SAIC")

Main Contents: These measures replace the Measures on the Administration of Trademark Print (the "1996 Measures") promulgated in 1996 by SAIC.  In repealing the approval requirements for trademark printing enterprises and for the management of trademark printing enterprises, the Measures incorporate the rulings of the Decision on Cancelling the First Batch of Items Subject to Administrative Examination and Approval and the Decision on Cancelling the Second Batch of Items Subject to Administrative Examination and Approval and Changing the Administration Style of Some Items Subject to Administrative Examination and Approval promulgated by the State Council on November 1, 2002, and February 27, 2003. 

All provisions concerning the above-mentioned administrative approval items have been eliminated; however, enterprises engaging in the trademark printing business will still be governed by the licensing system of the printing industry, provided in the Regulations on the Administration of the Printing Industry. Trademark printing enterprises that are incorporated without licensing or that engage in trademark-printing activities beyond their business scope will be penalized.

According to the measures, trademark-printing enterprises illegally conducting trademark-printing activities that result in an infringement of another entity's exclusive use rights to a registered trademark will assume the legal liabilities listed in the Regulation for the Implementation of the Trademark Law of the People's Republic of China for intentionally facilitating trademark infringement.

The provisions for the supervision over activities of trademark printing and the relevant punishment measures have been preserved, which is consistent with the State Council's requirements with regards to strengthening the subsequent supervision after the cancellation of administrative approval.

Finally, the provisions in the 1996 Measures specifying the supervisory requirements for trademark printing activities and relevant penalties will remain in effect.