With China's accession to the WTO and the continuous development of the market economy, according to the requirements of GB / T3098 (Fastener Mechanical Performance) series of standards (equivalent to IOS898), for all performance levels of hexagonal head bolts and hexagonal nuts, Fastener products with a thread diameter equal to or larger than 5 mm must be identified by the manufacturer (or distributor). However, some people who are passionate about wanting to copy and misappropriate some of the signs that have been re-registered and confirmed have not only harmed the interests of enterprises and consumers, but also brought tremendous risks to the country's property and people's lives and safety. The forging and embezzlement of registered certification markings for fasteners in some areas has intensified, for example, without some effective means. Then, the development of China's fastener industry will be greatly affected. This article on how to protect the identification of fasteners mention - point of view. 1, identification and logo 1.1, identification logo Fastener manufacturers (or distributors) logo is different from the trademark, belonging to the standardization and product quality areas. Although the logo is a mark of a manufacturing enterprise, its value as an intangible asset has become the property right of the manufacturer and the distributor, and its value has changed from the distinctive and low-value nature of the past to the present high value. The new IS0898 standard emphasizes the importance of marking more clearly and clearly states that "the mark or identification mark and the performance level of the mark maker on all packages of all specifications are compulsory; the dealer uses his own identification mark of the fastener , Shall be regarded as the manufacturer's identification mark. " As the emblems symbolize various competitive advantages in the enterprise product and factor markets, as well as the competitive advantage of the enterprise, they are widely advertised with the aid of specific functions of the emblem. Therefore, the inherent role of the fastener identification mark itself is also fully reflected. That is: First, it helps to identify the fastener manufacturer or distributor and the level of performance, which are the most important and essential features of the product logo. Second, it helps to clarify the responsibility of enterprises to ensure the quality of fasteners. Because, the credibility of the identification mark is based on the quality of the fastener. Third, to facilitate proper competition. Fastener identification has become a tool for market competition. The better the reputation, the stronger the competitiveness. The result will be a thriving business. 1.2 Marked by the National Standardization Technical Committee fastener registration mark can be marked on the registered business products and printed on the box, valid for 5 years. According to the regulations, after the registered mark only allows the owner of the mark in its approved fasteners, anyone without the permission of the registered business, shall not be used without permission. The right to sign is an exclusive right to the sign owner. This exclusive right is mainly manifested in the right of use and the right of prohibition. The right to use means that the sign owner has exclusive rights to the fastener products that have been registered. Prohibition of rights, due to the exclusive rights of the intellectual property category. Therefore, it also possesses the general characteristics of intellectual property. According to China's "Copyright Law", "Trademark Law" and the "Patent Law" of the relevant provisions of any person without their owners' permission, shall not be allowed to use its protected works. As a result, owners of identification signs have the right to prohibit others from using their registered signs without permission, and they also have the right to exclude others from interfering with and interfering with the registered exclusive right of identification. 2, violations of the exclusive right of product labeling Fasteners Product Identification Marks exclusive rights to stop infringement is an important part of the sound fastener market. With the deepening of reform, fasteners manufacturing enterprises have grown, the use of fastener product identification signs are very frequent, but the registered and unregistered signs registered in the market and also used simultaneously, therefore, signs of infringement, has been Become a market economy - a serious problem. Because some unscrupulous elements through the sale of counterfeit fasteners to make illegal profits, this will not only interfere with the management order of product identification marks, but also violated the registrant's legitimate rights and interests and the legitimate rights and interests of consumers. Therefore, strengthening the propaganda of the fastener product identification mark, increasing the protection of the identification mark and effectively protecting the exclusive right of the mark are - an important task that can not be ignored. Product identification signs of infringement in the following situations. a Use the same or similar markings on the same fastener as the registered mark without the permission of the mark owner. b Distribution Known to be a fake registered trademark of a fastening act, which is deliberately constituted by the dealer. c forgery, unauthorized use of other people's identity registration registration behavior. The entity of the fastener identification is a pattern consisting of graphics, words or a combination thereof. Its use and distribution are registered and coordinated by the National Fastener Standardization Technical Committee. d Intentionally providing storage, transportation, postal service, concealment and other conveniences for the purpose of infringing the exclusive right of another person's registration mark. 3, the protection of identification signs To standardize the requirements of the system to make a symbol of the fastener products, must be used to coordinate the identification of identification, or should be substandard products on the premises. In this way, both to eliminate disorderly production, prevent counterfeit and shoddy products, but also for the visual inspection of fasteners quality added new basis. Currently, there is no relevant provisions of the protection of fasteners identification mark. Reference may be made to Article 118 of the General Rules of Civil Law of the People's Republic of China on the infringement of the identification mark of the fastener and the infringer may bring a suit to the people's court. The people's court will give the infringer civil sanctions in accordance with the provisions of Article 118. This sanctions include: cessation of infringement, elimination of effects, compensation for damages, etc. 4, the protection of identification signs Recommendation As the fastener industry in the system from the state-owned enterprises for the leading industries to state-owned enterprises to exit the industry, private and private enterprises as the main body, we must standardize the operation. To this end, the author believes that the protection of the identification of fasteners should pay attention to the following points: First of all, should be strengthened (anti-Unfair Competition Law) of the public, the National Fastener Standardization Technical Committee should work out the manufacture of fasteners Those who violate the regulations shall be punished severely according to the rules and regulations of the identification signs, the supervision of quality and technology at all levels, the administration of industry and commerce, and the manufacture, sale and use of the vast majority of fastener products. Secondly, vigorously and resolutely ban illegal trading market, may not produce a set of fake and shoddy fastener products open space, but the fastener wholesale trading market should be more supervised; ban local protectionism, thus forming a good environment protection and strengthening Public opinion supervision, timely exposure, punish the identification mark infringement. In short, the protection of the identification mark of fastener products, to establish a set of effective preventive measures so that people fully aware of the possible impact of such violations, it is not only illegal and unethical behavior, and will affect China's fastener industry survival. Fastener industry associations in good service, coordination of work at the same time, the protection of the exclusive right to be identified signs should be mentioned on the agenda, so that everyone concerned about it, attach importance to it, the fastener industry to do a good job, efforts Create a new situation in fastener industry development.
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