Article 12 A trademark agent shall refuse to accept the commission when he or she is fully aware that the clients' commission is malevolent, unlawful or deceptive.
Article 13 Where a trademark agency organization has one of the following actions, the industrial and commercial administrative departments above the county level in its locus shall give a warning or impose a fine below 10,000 yuan; where there are illegal incomes, a fine less than three times of the illegal incomes and no more than 30,000 yuan shall be imposed. The actions are as follows:
(1) Colluding with a third party and infringing upon the rights and interests of the clients;
(2) Violating any provision in Article 5 and Article 7 of the Measures;
(3) Infringing upon the public interests of the country and society or the legitimate rights and interests of other agency organizations; or
(4) Engaging in other illegal activities.
Article 14 Where a trademark agent has one of the following actions, the industrial and commercial administrative departments above the county level in his or her locus shall give a warning or impose a fine below 10, 000 yuan:
(1) Accepting commission without permission, and collecting fees and property from the clients;
(2) Concealing the fact, providing false evidence, or threaten or induce others to conceal the fact and provide false evidence;
(3) Violating any provision in Article 10, Article 11 and Article 12 of the Measures; and
(4) Engaging in other illegal acts.
Article 15 Any organization engaging in trademark agency activities without registering with the industrial and commercial administrative departments or acquiring registration by deception shall be punished by the industrial and commercial administrative departments above the county level in its locus according to relevant laws and regulations of enterprise registration and management.
Article 16 Any punished trademark agency organization or trademark agent that is not satisfied with the punishment by the industrial and commercial administrative departments may apply for review in accordance with Administrative Reconsideration Law or file lawsuits with the People's Court.
Article 17 The State Administration for Industry and Commerce is responsible for interpreting the Measures.
Article 18 The Measures shall enter into force on the date of promulgation.
Source: www.fdi.gov.cn |