Laws of the People's Republic of China

INTERIM PROVISIONS OF THE MINISTRY OF FOREIGN
ECONOMIC RELATIONS AND TRADE FOR THE MANAGEMENT
OF DEVELOPING AND EXPORTING NEW COMMODITIES IN
FOREIGN TRADE

  (Issued on October 8, 1986)

 

 

 

SUBJECT: IMPORT & EXPORT LICENSING & ADMINISTRATION

ISSUING-DEPT: [NO ISSUING DEPARTMENT IN ORGINAL]

ISSUE-DATE: 10/08/1985

IMPLEMENT-DATE: 11/01/1986

LENGTH: 811 words

TEXT:

These Provisions are hereby specifically made with a view to strengthening the management of developing and exporting new commodities in foreign trade, encouraging the development of export of new commodities, protecting the developers' interests and promoting the growth of China's foreign trade.

(1) The new commodities to be exported in foreign trade refer to commodities never exported by China in the past, and do not include commodities which are slightly changed from those originally exported and of which the name is altered without, however, substantial change in the commodities themselves.

(2) Export of new commodities developed by foreign trade import and export corporations and industrial trade (agricultural trade and military trade) import and export corporations shall be examined respectively by the head offices of the foreign trade import and export corporations and industrial trade (agricultural trade and military trade) import and export corporations and reported to the Ministry of Foreign Economic Relations and Trade for approval. Export of new commodities developed by local import and export corporations shall be examined by the economic and trade departments (bureaux, commissions) of the provinces, autonomous regions, mumicipalities directly under the state Counril, cities ladministrative regions with entarged power and reported to the Ministry of Foreign Economic Relations and Trade for approval.

(3) The economic and trade departments (bureaux, commissions) at various places and the head offices of foreign trade import and export corporations and industrial trade (agricultural trade and military trade) import and export corporations shall, upon examination of the new commodities to be exported, submit to the Ministry of Foreign Economic Relations and Trade reports on their opinions together with the relevant materials and examples (pictures) of the new commodities for re-examination and approval.

(4) All units (including production enterises and foreign trade corporations) shall actively develop the export of new commodities, but shall do the same within the scope of their respective operations by paying attention to giving play to the preponderance of their own lines.

(5) Import and export corporations developing new commodities may, upon approval by the Ministry of Foreign Economic Relations and Trade, enjoy the operational right of export and the exclusive right of sale in respect of such commodities.

(6) Where an idential description of new commodity is developed by more than two enterprises or foreign trade corporations, the rights and preference stipulated in these Provisions shall be given to the first applicant.

(7) All import and export corporations or units taking charge of production may organize the production of new commodities according to the demand in international markets. In case of production by a number of factories by using the registered trademarks of someone else, the consent of the registrant of such trademarks shall be obtained and a contract for granting the use of the trademarks shall be signed. The duplicates of the aforesaid contract shall be submitted to the Trademark Office of the General Administration for Industry and Commerce of the People's Republic of China for records and to the local administrative organ for industry and commerce for files. Where the patent of someone else is used for the new commodity, a contract for granting such use shall be signed with the patentee.

(8) Registration of trademarks and application for patent shall be made abroad in respect of the new commodity exported according to the needs in sales in order to acquire legal protection in the countries and regions where the sales are made. Where registration is approved and a certificate of registration is obtained, it shall be reported to the Ministry of Foreign Economic Relations and Trade and the General Administration for Industry and Commerce of the People's Republic of China for records.

(9) Where the new commodities to be exported are the imitations of the valid patent of exporting countries, export thereof shall not be allowed.

(10) Where industrial or trade enterprises, in developing and exporting new commodities, resort to the acts of imitating the external model, technique and prescription, and impairing the reputation of the other's trademarks, etc. to disrupt the market, thedepartment in charge shall impose punishements on such enterprises according to the seriousness of the offence. Infringement of the other's patent right of the right for exclusive use of registered trademarks or imitation of other's registered trademarks shall be dealt with in accordance with the stipulations of the "Patent Law" or the "Trademark Law"

(11) These Provisions shall come into force on November 1. 1986 for trial implementation.