"Automotive Products External Mark Management Measures" Appealed

On October 10th, this newspaper reported the news that the “Administrative Measures for the External Marking of Automobile Products” (hereinafter referred to as the “Measures”) drafted by the National Development and Reform Commission will be issued soon. In response, the reporter interviewed a number of experts in the field of law. Experts believe that although there are clear requirements for industrial policy, there are no clear provisions in the relevant laws and regulations in China. Experts have called for the “measures” that are binding on companies to be introduced as soon as possible. .

Experts believe that the prominent position on the outside of the car body not only marks the trademark, but also indicates the manufacturer or place of production. This is very important for the development of independent brands. Wu Weiding, an attorney of Beijing Yiwen Law Firm, analyzed that in a joint venture, the name of a Chinese origin or domestic manufacturing company is clearly indicated. It is not only the duty and obligation of the enterprise to abide by the law, but also the protection of the “right to know” of the customer and the consumer. What is more important is the inexorable requirement of the corporate brand strategy of China, which is to protect the independent brands of Chinese enterprises and guide the need for independent development.

Some domestic joint-venture auto manufacturers will automatically give up their own Chinese logos for short-term sales. Such actions will encourage transnational corporations to downplay Chinese brands and Chinese manufacturing practices. In the past, domestic auto companies and brands will gradually be forgotten. Domestic auto companies automatically give up their own brands, it is tantamount to giving up the opportunity to create a brand and the right to future gains and self-expansion due to the well-known brand. Wu Weiding believes: “This is extremely dangerous. It should be noted that the global intellectual property strategy, competitive strategy, and brand strategy of multinational companies are all-round and worthy of consideration by our companies.”

Article 27 of the "Law of the People's Republic of China on Product Quality" stipulates that the mark on the product or on its packaging must be authentic, with the product name, factory name, factory address, product specification, grade, etc., as specified in the Chinese language. Article 36 of the Law also emphasizes that the marks of the products sold by sellers shall conform to the provisions of Article 27 of this Law.

Article 8 and Article 20 of the "Law of the People's Republic of China on Protection of the Rights and Interests of Consumers" also stipulates that consumers have the right to information. The consumer has the right to request the operator to provide information on the price, origin, producer, purpose, performance, specification, grade, etc. of the commodity based on the different conditions of the commodity or service. Operators should mark their real names and marks.

Automobiles as products and consumer goods (home cars) should also be implemented in accordance with the provisions of the above laws. There should be no special issues. However, Hou Liye, deputy director of the National Trademark Office, pointed out that the existing laws and regulations concerning the external identification of products do not explicitly require the product labeling to be located in any place. Although the vehicle product is unique because it has no external packaging, what is the trademark information at the time of registration and what should be the external identification of the vehicle body. Hou Liye further pointed out that according to the convention, the position and labeling content of the product's external labeling must be determined according to the specific conditions of the product. If the product name, company name, and origin, etc. are indicated on the product specification, it is also in compliance with legal requirements.

Industry experts pointed out that it is precisely because the existing laws do not clearly stipulate that trademarks, company names or product origins need to be clearly marked on the exterior of the car body. Many joint venture companies have the opportunity to drill “empty sons”, do not use Chinese characters on the exterior of car products, and the Chinese side The name of the business.

Experts pointed out that if the "Measures" drafted by the National Development and Reform Commission are approved, they will be issued in the form of "Order of the National Development and Reform Commission", which will be binding on the management of the company. Therefore, experts appealed that the "Measures" should be introduced as soon as possible to guide enterprises to develop independently. However, the "measures" are only external factors. More importantly, Chinese companies in Chinese-funded enterprises and joint ventures must cherish their own rights and interests and pay attention to the development of independent development capabilities and independent brands. (trainee reporter Man Kaiyan)

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