To protect the trade and technical secrets of enterprises

by mofqkkao on 2011-06-28 10:25:35

Chapter One: General Provisions

Article 1: In order to promote the implementation of the brand-name strategy and the cultivation of Gansu brand-name products, standardize the evaluation and management of Gansu brand-name products, promote enterprises to implement the brand-name strategy, improve quality levels, accelerate the pace of industrial strengthening in the whole province, and promote the rapid development of the Gansu economy, according to the "Product Quality Law of the People's Republic of China", the "Quality Revitalization Outline" issued by the State Council, and the Gansu Province "Quality Revitalization Implementation Plan", these measures are specially formulated.

Article 2: The term "Gansu Brand Product" referred to in these Measures means that the physical quality reaches the advanced level of international or domestic similar products, is in a leading position among similar products in the province, has a market share ranking in the forefront of the same industry within the province, has a high degree of customer satisfaction, and has strong market competitiveness.

Article 3: Governments at all levels should strengthen the work of cultivating brand-name products, formulate plans for cultivating brand-name products, and provide necessary support to enterprises striving for brands in terms of funds, technical reform, production coordination, etc., to promote the implementation of our province's brand-name strategy.

Article 4: The evaluation of Gansu brand-name products adheres to a mechanism based on market evaluation, with social intermediary organizations as the main body, active promotion, guidance, and supervision by the government as a guarantee, and customer (customer) satisfaction as the main purpose.

Article 5: The evaluation of Gansu brand-name products adheres to the principles of voluntary application by enterprises, scientific, fair, open, dynamic management, survival of the fittest, no lifelong system, no fees charged to enterprises, and no increase in enterprise burden. The required expenses shall be borne by the government treasury.

Chapter Two: Organizational Management

Article 6: The Gansu Famous Brand Strategy Promotion Committee shall uniformly organize and implement the cultivation, evaluation, publicity, and promotion of Gansu famous brand products, and commend enterprises that have achieved outstanding results in creating Gansu famous brand products.

The Gansu Famous Brand Strategy Promotion Committee consists of relevant social organizations, intermediary agencies, relevant government departments, provincial industry management departments, some media institutions, and experts and professionals from relevant fields.

The Secretariat of the Gansu Famous Brand Strategy Promotion Committee is located in the Provincial Quality and Technical Supervision Bureau, responsible for the daily work of the Gansu Famous Brand Strategy Promotion Committee.

Article 7: The evaluation work of Gansu famous brand products is entrusted to relevant industry management departments, social organizations, intermediary agencies, etc.

Article 8: The Quality and Technical Supervision Bureaus of various cities and states are responsible for the declaration and recommendation of Gansu famous brand products within their respective jurisdictions.

Chapter Three: Application Conditions

Article 9: To apply for the name of Gansu Famous Brand Products, the following conditions should be met:

(1) Comply with national laws, regulations, and industrial policies;

(2) Physical quality is in a leading position among similar products in the province and reaches the advanced level of international or domestic similar products;

(3) Market share, customer satisfaction, realized taxes and profits, industrial cost expense tax rate, total asset contribution rate rank among the top in the same industry within the province;

(4) Enterprises have the technology and equipment to ensure product quality, and the technical innovation and product development capabilities rank among the top in the same industry within the province;

(5) Products are produced according to domestic advanced standards, international standards, or foreign advanced standards;

(6) Enterprise measurement management is perfect and has obtained the corresponding certification certificate;

(7) The enterprise quality management system is sound and effectively running. Enterprises that have obtained ISO9000 quality management system or ISO14000 environmental management system certification will be given priority consideration;

(8) Enterprises have a relatively complete product sales service system.

Article 10: Any of the following circumstances disqualifies an application for the title of "Gansu Famous Brand Product":

(1) Products listed under the production license, mandatory product certification, measuring instrument (or special equipment) manufacturing license governance that have not been certified;

(2) Products that have been judged as non-conforming in provincial-level or higher quality supervision inspections in the past three years;

(3) Major quality safety incidents occurred or there were major quality complaints verified to be true in the past three years;

(4) There are other serious violations of laws and regulations.

Chapter Four: Evaluation Indicators

Article 11: Establish an evaluation indicator system with market evaluation, quality evaluation, benefit evaluation, and growth evaluation as the main evaluation contents.

Article 12: Market evaluation mainly evaluates the market share and customer satisfaction of the declared products; quality evaluation mainly evaluates the physical quality level of the declared products, the quality assurance capability and measurement assurance capability of the declaring enterprise; benefit evaluation mainly evaluates the realization of taxes and profits, industrial cost expense tax rate, and total asset contribution rate of the declaring enterprise; growth evaluation mainly evaluates the technical development capability and enterprise scale of the declaring enterprise. Products with independent intellectual property rights and core technologies should be given priority consideration.

Chapter Five: Evaluation Procedures

Article 13: The evaluation of Gansu famous brand products is conducted once a year. Enterprises that meet the application conditions stipulated in these Measures may apply. The applying enterprise should truthfully fill out the unified printed "Application Form for Gansu Famous Brand Products" in triplicate and submit the application before the end of April each year.

Article 14: The application for famous brand products follows the principle of territoriality, meaning regardless of the nature of the enterprise or its affiliation, the application should be made to the local municipal or regional quality and technical supervision department.

The department receiving the application is responsible for conducting a preliminary review of the applicant's materials.

After passing the preliminary review, the receiving department should fill out the recommendation opinion and submit it to the Secretariat of the Provincial Famous Brand Strategy Promotion Committee before the end of May of the same year.

Article 15: After summarizing the recommended materials, the Secretariat of the Provincial Famous Brand Strategy Promotion Committee arranges quality random inspections for the declared products, and at the same time entrusts relevant industry management departments, social organizations, intermediary agencies, and experts to conduct reviews, evaluations, and propose recommendations on the declared products.

Article 16: The Secretariat of the Provincial Famous Brand Strategy Promotion Committee conducts a comprehensive evaluation after summarizing the evaluation materials and recommendation opinions, and submits a comprehensive evaluation report and a list of suggested provincial famous products to the Provincial Famous Brand Strategy Promotion Committee based on the comprehensive evaluation results.

Article 17: The Provincial Famous Brand Strategy Promotion Committee deliberates on the submitted evaluation reports and lists of famous products suggestions, and proposes a preliminary list of selected famous products.

Article 18: The Secretariat of the Provincial Famous Brand Strategy Promotion Committee publicly announces the preliminary list of selected famous products for 15 days to widely solicit opinions.

Article 19: The Secretariat of the Provincial Famous Brand Strategy Promotion Committee summarizes the collected opinions and resubmits them to the Provincial Famous Brand Strategy Promotion Committee for deliberation and decision.

Article 20: The Provincial Famous Brand Strategy Promotion Committee (or the Provincial Government) officially announces the granting of the "Gansu Famous Brand Product" title announcement and the list of enterprises, and issues certificates and plaques for Gansu famous brand products.

Chapter Six: Supervision and Management

Article 21: The validity period of the Gansu Famous Brand Product certificate is three years. After expiration, enterprises must reapply. Within the three-year validity period, enterprises can use the Gansu Famous Brand Product title and the unified specified famous brand product logo in the product and its packaging, decoration, instructions, advertising promotion, and related materials, and note the validity period.

Article 22: During the validity period, Gansu Famous Brand Products are included in the list of key supported enterprises in the province and are given key support and protection.

Article 23: For products that have obtained the title of Gansu Famous Brand Products, if there is a significant change in product quality, strong consumer (user) reaction, or a major quality incident occurs in the enterprise, the Provincial Famous Brand Strategy Promotion Committee may suspend or revoke the title of Gansu Famous Brand Product for that product.

Article 24: The Gansu Famous Brand Product logo is a quality mark. The title and logo of Gansu Famous Brand Products can only be used on recognized models and specifications of products, and cannot be extended to other products. Products that have not obtained the title of Gansu Famous Brand Products shall not misuse the Gansu Famous Brand Product logo; products whose titles have been suspended or revoked, exceeded the validity period without reapplication or reapplication not approved, shall not continue to use the Gansu Famous Brand Product logo; transfer, forgery of the Gansu Famous Brand Product logo and its unique or similar logos is prohibited. Violators will be punished according to the provisions of the "Product Quality Law of the People's Republic of China" and the "Gansu Province Product Quality Supervision and Administration Regulations" regarding the misuse of quality marks.

Article 25: Relevant institutions and personnel participating in the evaluation work of Gansu Famous Brand Products should keep corporate business and technical secrets confidential, protect intellectual property rights; strictly discipline themselves, be fair and honest, and strictly evaluate according to relevant regulations and procedures. Units or individuals who violate the regulations will have their evaluation work qualifications revoked. If abuse of power, dereliction of duty, favoritism does not constitute a crime, administrative penalties will be imposed by their respective units; if it constitutes a crime, criminal responsibility will be pursued according to law.

Article 26: Data provided by applying enterprises and relevant institutions should be truthful, and fraud is strictly prohibited. Enterprises that obtain Gansu Famous Brand Products through improper means will be revoked and legally handled, and such enterprises will not be allowed to participate in the evaluation of Gansu Famous Brand Products for three years.

Article 27: Except for the evaluation work organized by the Gansu Province Famous Brand Product Strategy Promotion Committee according to these Measures, governments at all levels below the provincial level, provincial departments, municipal, county, and district governments and departments, all types of social organizations, and intermediary agencies shall not conduct evaluation or selection activities for Gansu Famous Brand Products.

Chapter Seven: Supplementary Provisions

Article 28: These Measures shall be interpreted by the Gansu Province Famous Brand Product Strategy Promotion Committee.

Article 29: These Measures shall come into effect from the date of promulgation, and the "Gansu Province Famous Brand Product Management Measures" (Gan Ming Tui Wei [2003] No. 03) issued by the Gansu Province Famous Brand Strategy Promotion Committee in 2003 shall be abolished simultaneously.

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" 'Au Hua' offered 80,000 yuan to reclaim this trademark."