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Guide : In this case, we filed an invalidation request against the design patent titled Shop Front (Milk Tea Shop) with a prior trademark right as evidence, which was approved by th...
Guide : In this case, we filed an invalidation request against the design patent titled Shop Front (Milk Tea Shop) with a prior trademark right as evidence, which was approved by th...
Standardization Law of the People's Republic of China


(Adopted at the Fifth Meeting of the Standing Committee of the 7th National People's Congress on December 29th, 1988, amended at the 30th meeting of Standing Committee of the 12th National People's Congress on November 4th , 2017)
 
Contents
 
Chapter I General Provisions
 
Chapter II Formulation of Standards
 
Chapter III Implementation of Standards
 
ChapterⅣ Supervision and Administration
   
Chapter V Legal Liability
   
Chapter VI Supplementary Provisions
 
 
Chapter I General Provisions
 
Article 1
This Law is formulated for the purposes of strengthening standardization work, improving product and service quality, promoting advancement of science and technology, protecting people’s health and safety of life and property, safeguarding national security and ecological environment security, and enhancing social and economic development.
 
Article 2
“Standards” (including standard sample) mentioned in this law shall refer to the technical requirements which are needed to be unified in the field of agriculture, industry, service industry and social undertakings.
 
Standards shall include national standards, industry standards, local standards, group standards, and enterprise standards. National standards shall be classified into compulsory standards and recommendatory standards. Industry standards and local standards shall be recommendatory standards.
 
Compulsory standards must be complied with. The State encourages adoption of recommendatory standards.
 
Article 3
The tasks of standardization work include formulating standards, organizing implementation of standards, and supervising formulation and implementation of the standards.  
 
The people’s government at or above county level shall incorporate standardization work into its plan of national economic and social development, and shall incorporate expenditure for standardization work into its fiscal budget.
 
Article 4
The standards shall be formulated based on scientific and technological research achievements and social practical experience, in-depth investigation and research, and opinions sought widely from various sides, so as to ensure scientificity, normativity, and timeliness of the standards and improve the quality of standards.
 
Article 5
The department of standardization administration under the State Council shall be uniformly in charge of the administration of the standardization work throughout the country. The competent administrative authorities under the State Council shall, in line with their respective functions, be in charge of standardization work for their respective departments and industries.
 
The department of standardization administration of the people’s government at or above county level shall be in charge of the administration of standardization work within the administrative region. The competent administrative authorities of the people’s government at or above county level shall, in line with their respective functions, be in charge of standardization work for their respective departments and industries.
 
Article 6
The State Council shall establish coordination mechanism for standardization work, plan and carry out major standardization reform, study significant standardization policies, and coordinate formulation and implementation of standards which are cross-sector and cross-industry and of major controversy.
 
The local people’s governments at or above city level which are divided into districts may, in line with the need of the work, establish coordination mechanism for standardization work, and coordinate the major issues of standardization work within the administrative region.
 
Article 7
The State shall encourage enterprises, public organizations, and education and research institution to carry out and participate in standardization work.
 
Article 8
The State shall actively promote participation in the international standardization activities, carry out standardization cooperation and exchange with foreign countries, participate in the formulation of international standards, adopting international standards in line with the national condition, and promoting application and utilization between Chinese standards and foreign standards.
 
The state shall encourage enterprises, public organizations, and education and research institutions to participate in international standardization activities.
 
Article 9
The group and individuals who have made remarkable achievements in the standardization work shall be commended and rewarded in accordance with the relevant regulations of the state.
 
Chapter II Formulation of Standards
Article 10
Compulsory national standards shall be formulated for those technical requirements which safeguard people’s health and safety of life and property, national security and ecological environment security, and meet the basic needs for economic and social management.  
 
The competent administrative authorities under the State Council shall be responsible for proposing projects, organizing draft, seeking opinions and examining technology for compulsory national standards in compliance with its duties. The department of standardization administration under the State Council shall be responsible for approving projects, numbering and notifying the public for compulsory national standards. The department of standardization administration under the State Council shall examine the compulsory national standards to be formulated to determine whether they are in compliance with the provision of the preceding paragraph, and the project which complies with the provision of the preceding paragraph shall be approved.
 
The departments of standardization administration of people’s governments in the provinces, autonomous regions and municipalities directly under the Central Government may make project proposals of compulsory national standards to the department of standardization administration under the State Council who shall make the decision jointly with the competent administrative authorities under the State Council. Public organizations, enterprises and institutions and citizen may make project proposals of compulsory national standards to the department of standardization administration under the State Council, and when the department of standardization administration under the State Council thinks a project is necessary, it shall make the decision jointly with the relevant competent administrative department under the State Council.
 
Compulsory national standards shall be approved and issued by the State Council or issued under authorization by the State Council.
 
Where the formulation of compulsory standards is otherwise provided by law, administrative regulations and decisions made by the State Council, such provisions shall be complied with.
 
Article 11
Recommendatory national standards can be formulated in respect of the technical requirements which meet the basic and general need of the society, in supported of compulsory national standards, and play a leading role in the relevant industries. 
 
Recommendatory national standards shall be formulated by the administrative department of standardization under the State Council.
 
Article 12
Where, in the absence of recommendatory national standards, technical requirements in respect of a certain industry need to be unified, industry standards may be formulated.
 
Industry standards shall be formulated by competent administrative authorities under the State Council, and reported to the department of standardization administration under the State Council for the record.
 
Article 13
Local standards can be formulated for the purposes of meeting special technical requirements as local natural conditions and customs, etc.
 
Local standards shall be formulated by standardization administration of people’s governments in the provinces, autonomous regions and municipalities directly under the Central Government; Approved by the standardization administration of people’s governments in the provinces, autonomous regions and municipalities directly under the Central Government, the local people’s governments at city level which are divided into districts may formulate the local standards within the administrative region according to the special needs of the local administrative region. The local standards shall be reported by the standardization administration of people’s governments in the provinces, autonomous regions and municipalities directly under the Central Government to the department of standardization administration under the State Council for recordation, which shall notify the competent administrative authorities under the State Council.
 
Article 14
The standards which are essential for safeguarding people’s health and the safety of life and property, national security and ecological environment security as well as social and economic development shall be prioritized and finished timely by the administration authority which is responsible for the formulation of standards.  
 
Article 15
When formulating compulsory standards and recommendatory standards, the actual needs of the relevant administration authority, enterprises, social organizations, consumers, and education and scientific research institutions shall be investigated when setting up the project, and the necessity and feasibility of formulation of standards shall be evaluated; In the course of formulation, the opinions shall be sought in multiple ways in accordance with the principle of efficiency and convenience, and investigation, analysis, experiment, and argumentation of the related issues of standards shall be organized, and coordination and harmony among the related standards shall be made.
 
Article 16
When formulating recommendatory standards, a committee of standardization technology composed of relevant parties shall be organized, and shall be responsible for drafting standards and technology examination. The relevant committee on standardization technology may be authorized to be responsible for drafting standards and technology examination when to formulate compulsory standards. Where, in absence of committee of standardization technology, a panel of experts shall be responsible for drafting relevant standards and technology examination. The committee of standardization technology and a panel of experts shall be broadly representative.
 
Article 17
The text of compulsory standards shall be disclosed to the public for free. The state shall encourage disclosure of recommendatory standards to the public for free.
 
Article 18
The state encourages the learned societies, associations, chambers of commerce, joint associations, industrial technology alliance and other social organizations to formulate jointly the group standards which aim to meet the demands of market and innovation by coordinating the relevant market players, and which may be adopted by its members as agreed or voluntarily adopted by society in line with the group’s regulations.
 
The group standards shall be formulated in accordance with the principles of openness, transparency and fairness, guaranteeing the accessibility of relevant information to the participants, reflecting the common demands of the involved parties, and the investigation, experiment and argumentation of the relevant issues of standards shall be organized.
 
The department of standardization administration under the State Council, together with the competent administrative authorities under the State Council, shall regulate, guide and supervise over the formulation of the group standards.
 
Article 19
Enterprise standards may be formulated by enterprise in line with its need, or formulated jointly with other enterprises.
 
Article 20
The state supports formulation of group standards and enterprise standards using independent innovation technology in important industries, strategic emerging industries, key generic technology and other fields.
 
Article 21
The technology requirements of recommendatory national standards, industry standards, local standards, group standards and enterprise standards shall not be less stringent than the relevant technical requirements of compulsory national standards.
 
The state encourages formulation of group standards and enterprise standards by social organizations and enterprises, of which the technical requirements are more stringent than recommendatory standards.
 
Article 22
The formulation of standards shall be conducive to scientific and rational utilization of resources, promotion of scientific and technological achievements, enhancement of product safety, versatility and replaceability, and improvement of economic, social and ecological benefits, so as to achieve advancement in technology and rationality in economy.
 
It shall be prohibited to use standards to eliminate and restrict market competition through the act of restricting free circulation of goods and services and others.
 
Article 23
The state promotes standardization of military and civilian integration and resources’ sharing, improves the level of generalization of military and civilian standards, actively promotes the adoption of advanced and adoptable civilian standards in national defense and army building, and applies advanced and adoptable military standards to civilian standards.
 
Article 24
Standards shall be numbered in accordance with the numbering rules. The numbering rules for standards shall be formulated and issued by the department of standardization administration under the State Council.
 
 
Chapter III Implementation of standards
 
Article 25
Products and services that do not conform to the compulsory standards shall not be produced, sold, imported or provided.
 
Article 26
Technical requirements of products and services for export shall be carried out in accordance with terms of the contract.
 
Article 27
The state implements the system of self-declaration to the public and supervision for group standards and enterprise standards. The enterprise shall make public the number and name of the compulsory standards, recommendatory standards and group standards which it adopts; where the enterprise implements the standards made by itself, it shall make public the function indicators of products and services, and the performance indicators of the products. The State encourages group standards and enterprise standards to be opened to the public through the public service platform of standards information.
 
The enterprise shall, in accordance with the standards, organize its production and operation activities and the products and services provided by the enterprise shall meet the technical requirements of the standards made public by the enterprise.
 
Article 28
The development of new products, improvement of products or technical renovation by an enterprise shall conform to standardization requirements prescribed by this law.
 
Article 29
The state establishes a system of statistical analysis report of the implementation of compulsory standards.
 
The department of standardization administration under the State Council, the competent administrative authorities under the State Council and the local people’s government at or above city level which are divided into districts, shall establish information feedback and evaluation mechanisms for implementation of standards, and a review to the standards shall be made according to the situation of the feedback and evaluation. The period for review shall generally no more than five years. Upon review, those standards which do not conform to the need of social and economic development and the advancement of technology shall be timely revised or annulled.
 
Article 30
According to the situation of the information feedback, evaluation and review of implementation of standards, the department of standardization administration under the State Council shall deal with the overlapping or disconnecting contents among various standards, together with the competent administrative authorities under the State Council, or through coordination mechanism for standardization made under the State Council.
 
Article 31
The people’s government at or above county level shall support implementation of pilot and publicity of standardization work, disseminating of the concept of standardization, popularizing the experience of standardization, promoting the whole society to organize production, operation, management and services adopting standardized means, and giving a full play of standardization in support of promoting industry transformation and upgrading, and leading innovation-driven industry.
 
 
Chapter Supervision and Administration
 
Article 32
The department of standardization administration of the people’s government at or above county level and competent administration authorities shall be responsible for the guidance and supervision over the formulation and implementation of standards in accordance with their statutory duty.
 
Article 33
Where disputes arise among the competent administrative authorities under the State Council in the course of the formulation and implementation of standards, the department of standardization administration under the State Council shall be responsible for organization of consultation; if no agreement is made upon consultation, it shall be resolved by the coordination mechanism for standardization under the State Council.
 
Article 34
Where, the competent administrative authorities under the State Council and the department of standardization administration of the local people’s governments at or above city level which are divided into districts fail to number, review or report the standards as prescribed by this Law, the department of standardization administration under the State Council shall request the relevant department to explain and make rectifications within a certain time.
 
Article 35
Any unit or individual shall have the right to report and file complaint to the department of standardization administration and the competent administrative authorities against any act which violates the regulations prescribed by this law.
 
The department of standardization administration and the competent administrative authorities shall disclose the telephone number, mail box or email address for accepting report and complaint, and arrange personnel to accept the report and complaint. The real-name informants or complaints shall be informed of the results of their complaints and their identities shall be kept confidential by the competent administrative authorities accepting the report and complaint, and shall be awarded according to the state relevant regulations.
 
 
Chapter V Legal Liability
 
Article 36
Those who produce, sell or import the goods or provide the services that do not conform to the compulsory standards, or the enterprises by which the goods and services are produced and provided fail to meet the technical requirements of their published standards , shall bear civil liability according to law.
 
Article 37
Where those who produce, sell or import the goods or provide the services that do not conform to the compulsory standards, shall be investigated and punished, recorded into the credit file according to the law and administrative regulations such as Product Quality Law of the People's Republic of China, Law of The People's Republic of China on Import and Export Commodity Inspection, Law of the People’s Republic of China on Protection of Consumers' Rights and Interests, and shall be published according to the relevant laws, administrative regulations; where a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
 
Article 38
Where enterprise fails to publish the standards it implements according to this law, the department of standardization administration shall order it to correct in a certain time of period, and who fails to correct within the prescribed time, it shall be published in the public service platform of standards information.
 
Article 39
Where the standards formulated by competent administrative authorities under the State Council and the department of standardization administration of local people’s governments at or above city level which are divided into districts do not conform to the paragraph 1 of Article 21 and Article 22 prescribed in this law, such standards shall be corrected timely; those who refuse to correct, the relevant standards shall be annulled by the department of standardization administration under the State Council; the responsible leaders and the persons directly responsible shall be punished according to law.
 
Where the standards formulated by social organizations and enterprises do not conform to the paragraph 1 of Article 21 and Article 22 prescribed in this law, such standards shall be ordered to be corrected by the department of standardization administration within a time limit; those who refuse to correct, the relevant standards shall be annulled by the department of standardization administration of people’s government at or above provincial level and published in public service platform of standards information.
 
Those who use standards to eliminate and restrict market competition, which is in violation of paragraph 2 of Article 22 of this law, shall be treated in accordance with laws and administrative regulations including Anti-monopoly Law of the People's Republic of China.
 
Article 40
Where the competent administrative authorities under the State Council and the department of standardization administration of local people’s governments at or above city level which are divided into districts fail to number or report the standards as prescribed by this law, and fail to make correction according to Article 34 of this law, the number of the relevant standards shall be withdrawn or the unrecorded standards shall be announced to be annulled by the department of standardization administration under the State Council; the responsible leaders and the persons directly responsible shall be punished according to law.
 
Where the competent administrative authorities under the State Council and the department of standardization administration of local people’s governments at or above city level which are divided into districts fail to review the standards they formulated as prescribed by this law, and fail to make correction according to Article 34 of this law, the responsible leaders and the persons directly responsible shall be punished according to law.
 
Article 41
Where the department of standardization administration under the State Council fails to approve and initiate a project for formulation of compulsory standards according the paragraph 2 of Article 10 prescribed in this law, the standards formulated do not conform to the paragraph 1 of Article 21 and Article 22 prescribed in this law, or fails to number, review, or record the standards in accordance with this law, it shall correct timely; the responsible leaders and the persons directly responsible shall be punished according to law.
 
Article 42
Where social organizations and enterprises fail to number the group standards or enterprise standards according to this law, they shall be ordered by the department of standardization administration to correct within a time limit; those who refuse to correct, the number of relevant standards shall be withdrawn by the department of standardization administration of people’s government at or above provincial level and published in the public service platform of standards information.
 
Article 43
Personnel responsible for the supervision over and administration of standardization that violate the law or neglect their duties, or are engaged in malpractice for personal gains, shall be given disciplinary sanctions; where crimes are constituted, their criminal responsibility shall be investigated in accordance with the law.
 
 
Chapter VI Supplementary Provisions
 
Article 44
The measures regarding formulation, implementation and supervision of military standards shall be formulated by the State Council and the Central Military Commission.
 
Article 45
This law shall go into effect as of January 1st, 2018.
 
 
 
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