unfair competition against a brand granted by the MOFCOM or any dispute over domain name of a brand granted by the MOFCOM, it shall be dealt with under the related laws and regulations of the state.

Coordinating the administrative departments concerned, the MOFCOM shall intensify its efforts in protecting the brands granted by the MOFCOM under the provisions of the preceding paragraph and transfer any entity or individual to the judicial authority for disposal under law, in case it/he is suspected of being involved in any crime.

Article 16 In case any import goods injures any intellectual property right of any brand granted by the MOFCOM and harms the foreign trade order, the MOFCOM shall, under the Foreign Trade Law of the People's Republic of China, take such measures as prohibition from importation.

In case the patent right, trademark right or copyright of any brand granted by the MOFCOM is injured in any economic and technological trade exhibition, trade fair, exposition, exhibition or any other activity, the MOFCOM shall, together with the related departments, deal with it under the Measures for Protecting Intellectual Property Rights During Exhibitions.

Article 17 The MOFCOM shall set up and perfect a pre-warning system for protecting intellectual property rights outside China so as to intensify the overseas protection of the brands granted by the MOFCOM.

Article 18 The MOFCOM shall set up an overseas service platform for intellectual property rights and coordinate business offices of the embassies stationed abroad so as to provide service of public information consultation for the overseas protection of the brands granted by the MOFCOM.

Article 19 The Ministry of Commerce shall encourage and help enterprises to handle trademark registration, patent application or copyright registration related to the brands granted by the MOFCOM in other countries and regions, and shall take proper measures to support the enterprises to protect their lawful rights and interests in other countries and regions by legal means.

Article 20 In case any intellectual property right of a brand granted by the MOFCOM is injured or the brand suffers any unfair competition, the enterprise may complain or pick it up to the related department, the local service center for protection of intellectual property or the MOFCOM. The local service center or the MOFCOM shall transfer it to the related department and keep track on and feed back the disposal of the case.

In case any intellectual property right of a brand granted by the MOFCOM is injured abroad, the enterprise may response the situation to the business office of the embassy stationed in that country, the MOFCOM or the Overseas Commercial Complaint Service Center for Chinese Enterprises under the MOFCOM.

Article 21 An enterprise, which obtains a brand granted by the MOFCOM, shall actively carry out intellectual property construction, increase its input in intellectual property, actively protect its lawful rights and interests, enforce management on brands and maintain the image of the brand granted by the MOFCOM

Article 22 In case a brand granted by the MOFCOM is transferred, pledged, evaluated and contributed as investment, it shall be fairly evaluated by an evaluation organ that is correspondingly qualified and the transaction shall be reported to the MOFCOM for record within 30 days as of the conclusion of corresponding contract.

In case the actual control power of the enterprise that obtains a brand granted by the MOFCOM is transferred as a result of merger or acquisition, the related parties shall report this situation to the MOFCOM.

Article 23 The brand mark as mentioned in Article 10 of the present Measures shall belong to the MOFCOM. A brand enterprise may use this mark on the products and services on which a brand title has been granted and their packages, decorations, instructions, advertisements and other related materials. No brand mark may be forged, sold or falsely used by any entity or individual.

Article 24 In case any entity or individual charges any fee or carries out any profit-making activity in the name of brand evaluation in the commercial field with violation of the provisions of Article 12, the MOFCOM shall warn it/him and order him/ it to make corrections within a fixed time limit; if the circumstance is serious, the related departments shall impose administrative or criminal punishment upon it/him under law.

Article 25 In case any organ or person participating in the work of brand evaluation conducted by the MOFCOM fails to abide by the related provisions and procedures of brand evaluation with violation of the provisions of Article 13, its/his qualification for participating in evaluation work shall be revoked. In case any organ or person commits any fraud for its or his own purposes, abuses the authority or neglects its/his duties, an administrative punishment shall be given to it/him under law; if a crime is constituted, criminal liabilities shall be investigated under law.

Article 26 If a transaction of brand is not evaluated or reported to the MOFCOM for record with violation of the provisions in Article 22, the MOFCOM shall give an admonition to the violator and order the related parties to make corrections; if the circumstance is serious, the corresponding brand title shall be cancelled.

Article 27 In case any entity, with violation of the provisions in Article 23, extends the use scope without authorization or uses a brand mark granted by the MOFCOM on other products, services and their packages, decorations, instructions, advertisements and the related materials, the MOFCOM shall give an admonition to it and order it to make corrections within a fixed time limit; if it fails to do so, its corresponding brand title shall be canceled.

In case any entity, with violation of the provisions in Article 23, forges, sells or falsely uses any brand mark granted by the MOFCOM, the MOFCOM shall give an admonition to it or impose upon it a fine of not more than 30,000 yuan, order it to make corrections within a fixed time limit and subject it to corresponding legal liabilities under law.

Any application for participating in brand evaluation in the commercial field, which is filed by an entity within two years as of the occurrence of its illegal act, may not be accepted.

Article 28 In case any entity or individual refuses to accept the administrative punishment made by the MOFCOM, it/he may apply for administrative review under laws or initiate an administrative lawsuit to a people's court.

Article 29 The present Measures shall enter into force as of its promulgation.

(Not the official translation. Source: www.fdi.gov.cn)