特殊标志管理条例 REGULATIONS ON THE ADMINISTRATION OF SPECIAL SIGNS

pecial sign has committed any of the following acts， the administrative department for industry and commerce of the people's government at or above the county level of the place where the owner or user is located or where the act has taken place shall order a correction and may impose a fine up to 50，000 yuan； if the circumstances are serious， the administrative department for industry and commerce of the people's government at or above the county level shall order the user to stop the use of the special sign， and the administrative department for industry and commerce under the State Council shall cancel the owner's registration of the special sign：

　　（1） alter the words or designs of the special sign without authorization；

　　（2） license other persons to use the special sign without conclusion of a licensing contract， or users fail to submit the contract， within the time period prescribed， to the administrative department for industry and commerce under the State Council for filing or to the administrative department for industry and commerce of the local people's government at or above the county level for reference； or

　　（3） use the special sign for commodities or services other than those registered with the approval for the use.

　　Article 16 In case of any of the following acts， the administrative department for industry and commerce of the people's government at or above the county level shall order the in fringer to stop immediately the act of infringement， confiscate the commodities involved in the infringement as well as the illegal earnings and impose a fine not exceeding five times the illegal earnings， or not exceeding 10，000 yuan when there is no illegal earnings：

　　（1） use， without authorization， words or designs or combinations thereof identical with or similar to any special signs owned by other persons；

　　（2） produce or sell special signs or use them in commercial activities without licensed by the owner； or

　　（3） other acts which cause economic loss to the owners of special signs.

　　Article 17 Owners and users of special signs may， on discovery of

infringement upon the ownership of or the right to use the special signs， lodge a complaint with the administrative department for industry and commerce of the people's government at or above the county level of the place where the in fringer is located or where the act of infringement has taken place， or directly file a lawsuit with the people's court.

　　The administrative department for industry and commerce which accepts the complaint of special sign infringement shall， at the request of the owner of the special sign， conduct mediation with respect to civil compensation for the infringement； the owner of the special sign may file a lawsuit with the people's court upon failure of the mediation.

　　Article 18 The administrative department for industry and commerce which accepts the case of special sign infringement may， in the investigation and evidence-gathering， exercise the following powers， and the persons concerned must provide assistance：

　　（1） question the parties concerned；

　　（2） inspect the articles related to the infringement activities；

　　（3） investigate the acts related to the infringement activities； and

　　（4） consult or make copies of contracts， accounting books or other business records.

　　Chapter IV Supplementary Provisions

　　Article 19 The schedule of fees for application， announcement and registration of special signs shall be formulated by the departments of finance and price control under the State Council in conjunction with the administrative department for industry and commerce under the State Council.

　　Article 20 The forms of the documents of application for registration of special signs shall be formulated by the administrative department for industry and commerce under the State Council.

　　Article 21 Reference shall be made to the provisions of these Regulations in the implementation of protection of such signs as the titles， emblems and mascots used by organizations which are permitted by the State Council to represent China in international cultural， physical cultural and scientific research activities.

　　Article 22 These Regulations shall enter into force as of the date of promulgation

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