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Trademark
License
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"The
owner of a registered trademark may, by signing
a trademark license contract, authorize another
person to use his registered trademark. The
licensor shall supervise the quality of the
goods in respect of which the licensee uses
his registered trademark. The licensee shall
guarantee the quality of the goods in respect
of which the registered trademark is used.
Where
any party is licensed to use a registered trademark
of another person, the name of the licensee
and the geographic origin of the goods must
be indicated on the goods that bear the registered
trademark.
The
trademark license contract shall be submitted
to the Trademark Office for recording."
(Chinese Trademark Law, Article 40)
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"Where
he licenses another person to use his registered
trademark, the licensor shall submit the trademark
licensing contract to the Trademark Office for
filing within three months from the date on
which the contract is concluded." (Implementing
Regulation Under Chinese Trademark Law, Article
43)
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"
Where any person contravening the provisions
of Article 40, paragraph two, of the Trademark
Law, the administrative department for industry
and commerce shall order the offender to rectify
the situation within a prescribed time limit.
Where the offender refuses to comply, the
administrative department for industry and
commerce shall confiscate the representations
of his trademark. If it is difficult to detach
the representations of the trademark from
the goods, both the representations and goods
shall be confiscated and destroyed."
(Implementing Regulation Under Chinese Trademark
Law, Article 44)
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