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CNIPA Doubles Effort against Material Forgery in Geography Trademark Application

As complaints grew in its recent trademark hearings and reviews on the forging of application materials for geographical indications, an act which disturbed the normal registration order of geographical indications trademarks and destroyed the fair and orderly competitive environment, the National Intellectual Property Administration decides to take the material forgery in geography trademark application as the key aim for rectification, and issued the notice on severely cracking down on materials forgery in geography trademark application. The major rectification includes: 

I. Intensified monitoring and investigation 

The CNIPA has as for now screened the agencies that act as agents for forging application materials, and transferred the relevant clue materials to the intellectual property offices of the provinces (autonomous regions and municipalities) where the agencies are located for investigation. The follow-up actions will see strengthened monitoring and investigation of the agency's forgery of application materials, and timely transfer them for investigation. 

II. Strengthened supervision and investigation according to law 

The notice also calls for immediate investigation according to the behavior clues of forging application materials by the agents, and order immediate rectification for misconduct. Those who directly assist the client to tamper with historical materials and fail to check the materials provided by the client shall be punished according to law. If the circumstances are serious, it shall be reported to the CNIPA to cease operation of the trademark agency according to law. Those who violate the Criminal Law and other relevant laws shall be promptly transferred to relevant departments for handling. 

III. Guiding and strengthening industry self-discipline

The notice aims to guide relevant local industry associations to strengthen industry self-discipline and supervision thereof, to punish member units who have conducted the above-mentioned violations of laws and regulations in a timely manner, and report and expose the illegal behavior of non-member units according to law. 

IV. Strengthening credit joint punishment 

Institutions accused of the above-mentioned violations of laws and regulations shall be strictly restricted or disqualified in the implementation of intellectual property support and incentive policies, the cultivation of brand institutions and the selection of talents. 

In view of the above situation, local intellectual property offices shall submit the case situation and the name and contact information of the person in charge of clue handling before July 29, 2022, and submit the implementation of investigation, rectification and investigation to the Intellectual Property Application Promotion Department of the National Intellectual Property Administration before September 30.