For the current local government organizations to evaluate famous trademarks or well-known trademarks. On March 1, Zhang Mao, director of the State Administration for Industry and Commerce, said at a press conference held by the State Council that the government department would judge who is a famous trademark and who is a well-known trademark. This actually distorts the relationship between the government and the market. It is the government's intervention in the micro-economy. There is an improper intervention by the government. The trademarks misleading consumers are not formed by market competition, but also bring about rent-seeking and corruption. As the saying goes, the soldiers and horses have not moved, and the grain and grass have to go first. For the development of enterprises, trade is not moving and trademarks are first. This shows the importance of trademarks for business development. However, in some places, there have been acts of government organizations appraising famous trademarks or well-known trademarks. On March 1, Zhang Mao, director of the State Administration for Industry and Commerce, said at a press conference held by the State Council that the government department would judge who is a famous trademark and who is a well-known trademark. This actually distorts the relationship between the government and the market. It is the government's intervention in the micro-economy. There is an improper intervention by the government. The trademarks misleading consumers are not formed by market competition, but also bring about rent-seeking and corruption. Recently, the Zhejiang Administration for Industry and Commerce issued a notice requesting that all relevant market entities in the province stop using the words “provincial famous trademarks†for advertising, exhibitions and other commercial activities starting from April 1. The notice also requires that the words "provincial famous trademarks" be used on commodities, commodity packaging or containers, and have entered the circulation field before March 31, 2018, and are allowed to be used until September 30, 2018. The appraisal behavior tends to bring rent-seeking space. In fact, there is no “famous trademark†in the current trademark law, and only the expression of “well-known trademarkâ€. However, in recent years, the concept of well-known trademarks has been seriously “alienatedâ€. Famous trademarks and well-known trademarks have been regarded as an honor and have been selected by local governments. Zhang Mao pointed out that due to the influence of long-term planned economic system thinking, in most areas there are government-organized appraisal of famous trademarks or well-known trademarks. In some provinces, local people's congresses have legislated, and some places have formulated government regulations, which stipulate that a rating committee should be organized by the government. Who is a famous trademark and who is a well-known trademark. "We think this is actually distorting the relationship between the government and the market." Zhang Mao said that this is the government's intervention in the micro-economy. There is an improper intervention by the government. The trademarks misjudged consumers are not formed by market competition. And it will lead to rent-seeking and corruption. The more such a comparison, the more the rent-seeking space is given to the competent authorities. For example, in March 2017, Xi'an Metro “problem cable†has attracted attention, while the cable brand is “Shaanxi Province Famous Trademarkâ€. It is worth noting that in the case that there is no stipulation on famous trademarks in China's trademark law, some localities have passed legislation to give enterprises famous trademark identification and special protection, which violates the legislative purposes of China's trademark law and violates fair competition in the market. In April 2017, 108 joint ventures of intellectual property majors from 22 universities across the country, such as Shanghai University, Peking University and Dalian University of Technology, jointly submitted a review proposal to the Legal Affairs Committee of the Standing Committee of the National People's Congress, requesting the existence of problems in the famous trademark systems. Investigate and study, and on this basis, give guidance on the advancement and retreat of this system. In response to this review suggestion, the Law Committee of the Standing Committee of the National People's Congress conducted a review of the famous trademark system as stipulated in local regulations, and wrote a letter to the Standing Committee of the local people's congress in November 2017 requesting local regulations on the famous trademark system. It was cleared and abolished, and a letter was sent to the Legislative Affairs Office of the State Council to recommend that it clean up the local government regulations and departmental normative documents involving the famous trademark system. Some places where the normative documents related to famous trademarks have been cleaned up are also being actively implemented. On November 30, 2017, after the adoption of the 45th meeting of the Standing Committee of the 12th People's Congress of Zhejiang Province, it was decided to abolish the "Regulations on the Recognition and Protection of Famous Trademarks in Zhejiang Province" (hereinafter referred to as the "Regulations"). Recently, the Zhejiang Provincial Administration for Industry and Commerce has issued the "Notice on Doing a Good Job in the Post-Announcement of the Standing Committee of the Provincial People's Congress No. 75" (hereinafter referred to as the Notice), indicating that all localities must profoundly understand that the abolition of the "Regulations" is in line with the new market. The need for economic development and legal system construction is of great and positive significance for further clarifying the relationship between the government and the market, avoiding the government's “offside†and preventing the government from “endorsing†the enterprise and establishing a unified and fair competitive business environment. It is worth noting that the notice requires that from April 1st, 2018, the relevant market entities in Zhejiang Province will stop using the words “provincial famous trademarks†for advertising, exhibitions and other commercial activities. In order to ensure a smooth transition of the policy, the notice also shows that the words “provincial famous trademarks†are used in commodities, commodity packaging or containers, and have entered the circulation field before March 31, 2018, and are allowed to be used until September 30, 2018. In addition, on February 28 this year, the official website of the Fujian Provincial Government issued the “Notice on the Special Clean-up of Local Government Regulations and Normative Documents Concerning the Famous Trademark Systemâ€, which is required to follow “Who is made, who cleans up, who implements, who cleans up The principle of clearing the responsibility of the work. And carry out the clean-up work in an effective manner, and should not provide a basis for the identification of famous trademarks, and abolish relevant regulations and normative documents in due course. Liang Ying, director of the Law Enforcement Review Office of the Law Committee of the Standing Committee of the National People's Congress, told the reporter of the Daily Economic News that the “review†of the problem laws and judicial interpretations was also listed as one of the key tasks of the record review in 2018. The three aspects of the audit regulations, family planning regulations, and local famous trademark regulations are reviewed. On February 8, the Law Committee of the Standing Committee of the National People's Congress officially sent a letter of supervision to the Standing Committee of the local people's congress of the relevant provinces, and urged the relevant localities to revise the family planning regulations including “super-life and dismissal†and abolish the local famous trademark regulations. Liang Ying pointed out that the relevant authorities have been explicitly requested to implement the amendments as soon as possible, and they will reply before the end of March this year. There is no amendment to the abolition. It is necessary to clarify the work plan and time schedule to ensure that “there is a mistakeâ€.
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