Qiao Yongfeng: Do not let homogenous accessories become a farce

Author Qiao Yongfeng is Executive Vice President and Secretary-General of China Automobile Parts & Accessories Industry Association

On September 18, 2014, the Ministry of Transport, the National Development and Reform Commission, the Ministry of Education, the Ministry of Public Security, the Ministry of Environmental Protection, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, the China Insurance Regulatory Commission and other 10 ministries jointly issued The Guiding Opinions on Promoting the Transformation and Upgrading of the Automobile Maintenance Industry and Improving the Service Quality (Sino Shipping [2014] No. 186, hereinafter referred to as the “Guidance Opinion”), pointed out the implementation of the “Anti-Monopoly Law” and the “Consumer Protection Law”. The relevant regulations ensure that all maintenance companies and vehicle owners have the right to use homogenous accessories for the maintenance of automobiles, promote fair competition in the auto repair market, protect consumers' right to independent consumption options, and promote the opening of auto repair parts supply channels and multi-channel circulation. This is the first time that the ministry proposed the concept of "homogeneous parts."

The Decision of the Ministry of Transportation of the People's Republic of China to be Implemented on August 8, 2015 (Decree of the Ministry of Transport Decree No. 17 of 2015). The new paragraph of Article 31 mentioned that "homogeneous parts are parts that have the same or higher product quality than loading parts standards and have good loading performance." This is the first definition of “homogeneous parts” by ministries and commissions.

From this provision of the Ministry of Transport, "homogeneous accessories" have been "landed" and promoted online. However, the understanding of what is a "homogeneous accessory" has recently led to some disagreements in the industry, and it is considered that the concept is vague and even biased. How do you determine the "identical" certifiable quality indicators for thousands of repair parts? It may also set aside for future corruption problems. We leave behind the concept of “homogeneous” and “homogeneous parts” and the scope of certification. We only discuss it from the perspective of “homogeneous” and “homogeneous parts” trademarks and intellectual property related to automobiles. We really do not want to The homogenous accessories policy promoted by the vigorous ministries became a farce.

“Homogeneity” is a registered trademark of Yuhuan Xinpin Machinery Co., Ltd. in the 7th category (mechanical equipment) and 12th category (transportation), and the National Trademark Office issued a registered trademark certificate on November 4, 2015. The "homogeneous" registration number in the seventh category is a comprehensive protection of 0738, 0742, 0743, 0749, 0750 and other five sub-categories. The registered main products are: carburetor oil supply device, automatic operation machine (robot), non-manual hand tools , Pumps (Machine, Engine or Motor Parts), Valves (Machine Parts), Cardan Joints, Bearings (Machine Parts), Couplings (Machines), Connecting Rods for Machines, Motors and Engines, Shock Absorbers (Machine Parts) In the 12th category, the registration number is, full protection 1202, 1211 two small categories, registered the main products: land vehicle connectors, automotive chassis, land vehicle couplings, automotive shock absorbers, torque converters for land vehicles , Land vehicles, drive shafts, hub hoops, land vehicle gears, land vehicle clutches, hubs for vehicles. At the same time, Yuhuan Xinpin Machinery Co., Ltd. is in the sixth category (hardware metal), the seventh category (mechanical equipment), the eleventh category (home appliances), the twelfth class (transportation), the seventeenth class (rubber products), etc. The "homogeneous accessories" trademark was submitted in the category and is currently accepted by the National Trademark Office and is undergoing registration.

“Homogeneous Parts” is a registered trademark of Beijing Huitong Yuantai Conference Service Co., Ltd. in the 16th category (Culture Articles) (a preliminary review was passed on November 27, 2015 and is in the process of being announced. Normally, the registered trademark will be issued after three months). , registration number, comprehensive protection of 1606 small categories, registration of the main content: newspapers, periodicals, magazines (periodical), printed publications, posters, books, news publications and so on.

Coincidentally, on March 3, 2015, Shanghai Magtech Detection Technology Co., Ltd. submitted a “Homogeneous Accessory” trademark registration on the 35th (Advertising Trade) and 42nd (Scientific Research Service), and the National Trademark Office has accepted Under review. At the same time, Sichuan Hengyide Auto Parts Co., Ltd. was on August 20, 2015 in the first category (antifreeze, brake fluid, etc.), the third category (cleaning preparations, cars, bicycles, polishing wax, etc.), the first Category 4 (lubricants, engine oils, etc.), Category 9 (navigation equipment, batteries for vehicles, etc.), Category 11 (automobile lamps, light bulbs, automotive engine preheaters, etc.), Category 17 (clutch pads, cylinders) Joints, vehicle radiators, connecting hoses, etc.), Type 35 (advertising trade), and Type 37 (automobile maintenance and repair, car washing, rubber tire repair, etc.) submitted "homologous" trademark registration The State Trademark Office has also accepted and is under review.

We know that the rights of trademark registrants mainly refer to the exclusive rights to registered trademarks. China’s “Trademark Law” stipulates that a trademark registered and approved by the Trademark Office is a registered trademark, and the trademark registrant has the exclusive right to use the trademark for the registered trademark and is protected by law. The right to exclusive use of trademarks shall include the following eight rights: right to use, exclusive rights, permission to use, right to prohibit, mortgage, investment, transfer, and inheritance rights. Accordingly, Yuhuan Xinpin Machinery Co., Ltd. enjoys the exclusive and exclusive rights to “homogeneous” in registered auto parts. Beijing Huitong Yuantai Conference Service Co., Ltd. is in newspapers, periodicals, magazines (periodicals), printed publications, and books. The exclusive rights and exclusivity rights of “homogeneous accessories” shall be granted in the news publication, and no other person may use the same or similar trademark as the registered trademark on the same or similar goods or services.

Judging from this, we discuss every day in the auto parts industry, media promotion, and plans to introduce “homogeneous accessories” manuals and other acts are not involved in infringement? No matter who puts forward the concept of homogenous accessories first, but in law, the registered trademark shall prevail. The Trademark Law clearly stipulates that a trademark registrant has the right to stop other people from using the same or similar trademark on the same or similar goods or services as their registered trademark. This can not help but ask, we promote the homogeneity of accessories from the intellectual property right? Does it infringe the legal rights of registered trademark companies? Do you need to stop infringement? Does this vigorous "homogeneous accessories" promotion really become a joke?

On December 18, 2015, Premier Li Keqiang signed and approved, and the State Council officially issued “Several Opinions on Accelerating the Construction of a Powerful Intellectual Property in the New Situation” (Guo Fa [2015] No. 71). The opinions are clear to deepen the implementation of the national IP strategy, deepen the reform of key IP areas, implement more stringent protection of IPRs, promote the development of new technologies, new industries, and new industries, increase the level of industry internationalization, and ensure and encourage public entrepreneurship, Innovation. By 2020, decisive achievements will be made in the reform of the key areas and key links of intellectual property, and the innovation and entrepreneurship environment will be further optimized to create a new competitive edge for intellectual property rights. This will lay a solid foundation for building a strong intellectual property country with Chinese characteristics and world-class standards. The opinions clearly stated that it is necessary to increase the punishment of intellectual property infringements. It is worth discussing whether the infringement of homogenous accessories advocated by the Ministry of Transport is debatable, and whether the infringement is renamed deserves attention.

If national ministries want to promote “homogeneous” and “homogeneous parts” in the automotive industry, they should coordinate the national trademark office to not accept or register such trademarks. We cannot exclude the above companies from applying for “homogeneous” and “homogeneous accessories”. "Trademark registration has a reasonable suspicion that the ten ministries and commissions have introduced new policies and conveniences. However, according to the law, once an enterprise successfully registers this trademark, the promotion of “homogeneous parts” in the industry may involve infringement. The great good that the state has vigorously promoted involving the future interests of the entire auto parts industry is likely to become an advertisement for a certain company, and may even constitute infringement of the registered trademark.

It was originally a good policy to regulate the industry. However, due to the lack of communication between the ministries and commissions in the automotive industry in Kowloon, it has become a problem that may infringe on intellectual property rights. It is worth considering. And cherish and cherish, really do not want homogenous accessories eventually become a farce.

Mr. Qiao Yongfeng is currently the full-time Vice President and Secretary-General of the China Automotive Aftermarket Association, the full-time vice president and secretary-general of China Automobile Parts & Accessories Industry Federation (China Automobile Service Industry General Chamber of Commerce), and the full-time vice president of China Auto Parts Supply Market Association. He is also Secretary-General, full-time vice chairman and secretary-general of the China Automotive Lubricants Association, senior advisor to the National Auto Parts Product Quality Supervision and Inspection Center, director of the China National Automotive Industry Parts Sales Company of SINOMACH, and the organizer of the China Auto Parts Supply Industry General Review Board. Chairman, editor-in-chief of "China Auto Parts Market" magazine, editor-in-chief of "China Auto Parts Traders Daily" and other positions.

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