Chapter I General Provisions

Article 1 For the purposes of confirming the enterprise legal person qualification of companies and regulating the company registration behaviors,the Regulations have been formulated according to the Company Law of the People’s Republic of China (hereinafter referred to as the Company Law).

Article 2 As to the establishment, alteration or termination of limited liability companies and joint stock limited companies (hereinafter referred to as the companies), the registration of the companies should be handled according tothe Regulations.
As to an application for company registration, the applicant shall be responsible for the authenticity of the application documents and materials.

Regulation for Computer Software Protection

Chapter I General Provisions

Chapter II Software Copyright

Chapter III Licensing and Transfer of Software Copyright

Chapter IV Legal Responsibility

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1 For the purposes of protecting the rights and interests of computer software copyright owners, regulating beneficial relations in the development, dissemination and use of computer software, encouraging the computer software development and application and promoting the advance of the software industry and the information-based national economy, and in accordance with the Copyright Law of the People’s Republic of China, this Regulation is formulated.

Implementing Regulations of the Trademark Law of the People’s Republic of China

(Promulgated by the State Council on 3 August 2002)
Chapter l General Provisions
Article 1 These Implementing Regulations are formulated in accordance with the Trademark Law of the People’s Republic of China (hereinafter referred to as the Trademark Law).
Article 2 The provisions made in these Implementing Regulations concerning goods marks shall apply to service marks.
Article 3 The use of trademarks referred to in the Trademark Law and these Regulations include, among other things, the use of trademarks on goods, Packages or containers thereof and commodity trading instruments, or use of trademarks in advertisements, exhibitions and other commercial activities.
Article 4 Goods required to bear registered trademarks as prescribed by the State mentioned in Article 6 of the Trademark Law refer to goods in respect of which registered trademarks must be used as prescribed by law and administrative regulations.
Article 5 Under the Trademark Law and these Regulations, when an interested party believes his trademark constitutes a well-known trademark when a dispute arises in the course of trademark registration or trademark review and adjudication, he may file a request with the Trademark Office or the Trademark Review and Adjudication Board to establish it as a well-known trademark, to reject the trademark registration application contrary to the provision of Article l3 of the Trademark Law, or to cancel the trademark registration contrary to the provision of Article 13 of the Trademark Law. When filing an application, an interested party shall submit proofs that his trademark constitutes a well-known trademark.
At the request of the interested party, the Trademark Office or the Trademark Review and Adjudication Board shall, on the basis of ascertained facts, establish whether his trademark constitutes a well-known trademark pursuant to the provision of Article 14 of the Trademark Law.
Article 6 Applications may be filed for registration of geographic indications provided for in Article l6 of the Trademark Law as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.
Where a geographic indication is registered as a certification mark, the natural person, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for using the certification mark, and the organization having control on the certification mark shall give its permission. Where a geographic indication is registered as a collective mark, the natural person, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for membership of the body, association or other organization having the geographic indication as its collective mark. The body, association or other organization shall accept him or it as its member according to the articles of constitution thereof. Any person who does not ask to join the body, association or other organization having the geographic indication as its collective mark may also duly use the geographic indication, and the body, association or other organization does not have the right to prohibit the use.
Article 7 An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit a Power of Attorney. The Power of Attorney}’ shall indicate such contents and competence as authorized: the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.
Notarization and legalization of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise’ shall be done based on the principle of reciprocity.
The foreign person or foreign enterprise mentioned in Article l8 of the Trademark Law refers to the foreign person who or foreign enterprise which does not have its habitual residence or place of business in China.
Article 8 The Chinese language shall be used in applying for trademark registration or attending to other trademark matters.
Where the various certificates, certifying documents and proofs submitted under the Trademark Law and these Regulations are in a foreign language, the Chinese translation thereof shall be attached; where the Chinese translation is not attached, the certificates, certifying documents and proofs shall be deemed not to have been submitted.
Article 9 In any one of the following circumstances, any staff member of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw, or a party or interested Part} may request him to withdraw:
(l) he is a party or a close relative to a party or agent;
(2) he is related in such a way with a party or agent insofar as the relation would affect impartiality; or
(3) he has interests in an application for trademark registration or an}’ other trademark matters.
Article l0 Unless otherwise provided for in these Regulations, where any document is sent to the Trademark Office or the Trademark Review and Adjudication Board, the date of receipt shall be the date of delivery where it is delivered personally}. or the date of posting indicated by the postmark if it is sent by post; where the date of posting indicated by the postmark is illegible, or there is no postmark, the date of receipt shall be the date on which the Trademark Office or the Trademark Review and Adjudication Board actually receives the document, except that the interested Part]’ is able to present evidence as to the actual date of posting indicated by the postmark.
Article 11 Any document of the Trademark Office or the Trademark Review and Adjudication Board may be served by post, by personal delivery or by other means. Where an interested party entrusts a trademark agency, delivery of the document to the trademark agency shall be deemed delivery thereof to the interested party.
Where any document is sent to an interested party by the Trademark Office or the Trademark Review and Adjudication Board. the date of receipt shall be the date of receipt indicated b]- the postmark on which the interested party receives it if it is sent by post; where the date of Posting indicated by the postmark is i1legible, or where there is no postmark. the document shal1 be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document; the date of receipt shall be the date of delivery if it is delivered personally. Where any document cannot be sent by post or by personal delivery, the document may be served b}’ making an announcement. At the expiration of the thirtieth day from the date of the announcement, the document shall be deemed to have been served.
Article 12 Where an application is filed for international registration, it shall be done in accordance with the relevant international treaties to which China has acceded. The specific measures shall be prescribed by the administrative department for industry and commerce under the State Council.
Chapter II Application for Trademark Registration
Article 13 In application for the registration of a trademark, a separate application shall be filed in respect of each class of goods or service according to the published Classification of Goods and Services. For each application for the trademark registration, an Application for Trademark Registration shall be filed with the Trademark Office, accompanied by five copies of the reproduction of the trademark; if colour is claimed, five copies of the colour reproduction of the trademark shall be attached, so shall be a black and white design of the trademark.
The reproduction of the trademark must be clear and easy to paste and shall be printed on smooth and clean durable paper or substituted by a photograph. Its length or breadth shall not be more than l0 cm and less than 5 cm each.
Where an application is filed for the registration of a three-dimensional sign as a trademark, a statement shall be made in the application, and the reproduction capable of defining the three-dimensional formation be submitted.
Where an application is filed for the registration of a combination of colours as a trademark, a statement shall be made in the application, and an explanation thereof be submitted in writing.
Where an application is filed for the registration of a certification mark or collective mark, a statement shall be made in the application, and the certificates of the qualification of the applicant and regulations for the administration of the use thereof be submitted.
Where a trademark is in a foreign language or contains lexical elements in a foreign language, explanation of its meaning shall be made.
Article 14 When filing an application for the registration of a trademark, the applicant shall submit a copy of effective certificate capable of proving his identification. The name of the applicant for trademark registration shall be consistent with the certificate submitted.
Article 15 The goods or services shall be listed in the application according to the Classification of Goods and Services. If the goods or services are not listed in the Classification of Goods and Services, a description of the 5aid goods or services shall be attached.
The documents relating to an application for trademark registration shall be typewritten or printed.
Article 16 If an application is jointly filed for registration of the same trademark, a representative shall be designated in the application; if such representative is not designated, the first person listed in the application shall be the representative.
Article 17 If an applicant changes his name, address, agent, or deletes or reduces designated goods, he may go through the formalities for the change with the Trademark Office.
An applicant who assigns his application for trademark registration shall go through the formalities for the assignment with the Trademark Office.
Article 18 The filing date of an application for trademark registration shal1 be the date on which the Trademark Office receives the application documents.
Where the formal requirements of the application are fulfilled and the application form filled out according to the relevant rules, the Trademark Office will accept the application and notify the applicant in writing. Where the formal requirements are not fulfilled or the application form not filled out according to the relevant rules, the Trademark Office will not accept it, and it shall notify the applicant in writing and explain the reason. Where the formal requirements are basically fulfilled or the application form filled out basica1ly according to the relevant rules, but amendments are required, the Trademark Office shall notify the applicant to make the amendments and require him to do so according to the contents prescribed and re-submit it to the Trademark Office within thirty days from the date on which he receives the notification. Where the application is amended and re-submitted to the Trademark Office within the time limit, the date of filing shall be retained. Where the application is not amended within the time limit, the application shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
Article 19 Where two or more applicants respectively apply for the registration of identical or similar trademarks used on the identica1 or similar goods on the same day, each applicant sha1l, within thirty days from the date of receipt of the notification of the Trademark Office, submit a proof of his prior use of the mark in respect of which he has applied for the registration. Where the applicants used the mark for the first time on the same day or where none of them has used the mark, they shall try to resolve the matter through consultation, and submit a written agreement to the Trademark Office within thirty days from the date of receipt of the notification from the Trademark Office; where the applicants are reluctant to resolve the matter through consultation or an agreement is not reached, the Trademark Office shall notify the applicants that one applicant will be singled out by lot, and reject the registration applications filed by the other applicants. Where the Trademark Office notifies an applicant, but the applicant does not show up and draw his lot, his application shall be deemed to have been abandoned, and the Trademark Office shall notify in writing the applicant who has failed to show up.
Article 20 Where an applicant claims the right of priority according to Article 24 of the Trademark Law, the copy of the application document which he first filed for the registration of the trademark shall be certified by the competent trademark authority accepting the application, with the date of filing and the application number indicated.
Where an applicant claims the right of priority according to Article 25 of the Trademark Law, the certification documents submitted by him shall be certified by the administrative department for industry and commerce under the State Council, except that the international exhibition on which the goods are put on display is held inside the territory of China.
Chapter III Examination of Application for Trademark Registration
Article 21 The Trademark Office shall, in accordance with the Trademark Law and these Regulations, examine the applications for the registration of trademark it has accepted. Applications which conform to the relevant provisions, or those for the registration of trademarks in respect of a part of the designated goods which conform to the relevant provisions, shall be preliminarily approved and published. Applications which do not conform to the relevant provisions, or those for the registration of trademarks in respect of a part of the designated goods which do not conform to the relevant provisions, shall be rejected. The Trademark Office shall notify the applicant in writing and explain the reason for the rejection.
Where the Trademark Office has preliminarily approved applications for the registration of trademarks on a part of the designated goods, the applicant may apply for the abandonment thereof before the date of expiration of the opposition period; where the applicant abandons the registration of trademarks in respect of a part of the designated goods, the Trademark Office shall withdraw the preliminary approval, terminate the examination procedure, and republish it.
Article 22 Where an opposition is filed to a trademark which, after examination, has been preliminarily approved and published by the Trademark Office, the opponent shall submit the Application for Trademark Opposition in duplicate to the Trademark Office. The Application for Trademark Opposition shall indicate the issue number of the Trademark Gazette on which the opposed trademark is published, and the number of preliminary approval of the opposed trademark. The Application for Trademark Opposition shall contain the specific requests and facts and grounds, with relevant proofs and certificates attached.
The Trademark Office shall send a copy of the Application for Trademark Opposition to the opposed party and require him to make a reply within thirty days from the date of his receipt of the copy. His failure to make a rep1y shall not affect the adjudication by the Trademark Office on the opposition.
Where an interested party needs to supplement relevant proofs and certificates after he raises an opposition application or makes a reply, he shall make a statement in the application or reply, and submit the proofs and certificates within three months from the date of submission of the application or rep1y; where he fails to submit them at the expiration of the time limit, the interested party shall be deemed to have abandoned supplementing the relevant proofs and certificates.
Article 23 The justification of the opposition mentioned in Article 34, paragraph two, of the Trademark Law shall include the justification of the opposition to a registration in respect of a part of the designated goods. Where such opposition is justified, the application for the registration of trademarks in respect of that part of the designated goods shall not be approved.
Where an opposed trademark has, prior to the coming into effect of the adjudication on the opposition, been announced as a registered trademark in the Trademark Gazette, the registration announcement shall be cancelled. The trademark that has been approved for registration upon the adjudication on the opposition sha1l be re-published.
The trademark approved for registration upon the adjudication on the opposition shall not have the retroactive effect on another person’s act to use a sign identical with or similarly to the trademark on the same or similar goods from the date on which the period for trademark opposition expires and before the adjudication on the opposition takes effect; however, the losses inflicted to the trademark registrant due to the bad faith in which the sign is used shall be compensated.
The time limit for the application for review and adjudication of the trademark approved for registration upon the adjudication on the opposition shall be calculated from the date of publication of the adjudication on the trademark opposition.
Chapter IV Modification, Assignment and Renewal of Registered Trademarks
Article 24 When applying for modification of his name, address or other registration matters, the registrant shall file an Application for Modification with the Trademark Office. The Trademark Office shall, upon examination and approval, issue the trademark registrant the relevant certificates, and make an announcement. Where the application is not approved, the Trademark Office shall notify the applicant in writing and explain the reason.
When applying for modification of his name, the registrant shall submit modification certificate issued by the relevant registry. An applicant who has not submitted the modification certificate may do so within thirty days from the date of filing the application. Where the submission is not made within the time limit, the application for the modification shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
When applying for modification of his name and address, the trademark registrant shall make the modifications in all his registered trademarks. If he fails to do so, the application for the modification shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
Article 25 When applying for the assignment of a registered trademark, the assignor and assignee shall file with the Trademark Office an Application for Assignment of Registered Trademark. The formalities of applying for the assignment of the registered trademark shall be gone through by the assignee. The Trademark Office, upon examination and approval of the application. shall issue the relevant certificate to the assignee and make an announcement.
When applying for the assignment of a registered trademark, the trademark registrant shall assign all the identical or similar trademarks registered in respect of the same or similar goods. If the registrant fails to do so, the Trademark Office shal1 notify him to correct the situation within a time limit; if the correction is not made within the time limit, the application for the assignment of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
Any application for the assignment of a registered trademark that may mislead the public or cause confusion or exert any other adverse effects shall not be approved by the Trademark Office. the Trademark Office shall notify the applicant in writing and explain the reason.
Article 26 If the exclusive right to use a registered trademark is transferred for reasons other than assignment, the party receiving the transferred exclusive right to use the registered trademark shall go to the Trademark Office with relevant certificates or legal instruments to go through the formalities for the transfer of the exclusive right to use the registered trademark.
When applying for a transfer of the exclusive right to use a registered trademark, the exclusive right holder of the registered trademark shall transfer all the other identical or similar trademarks registered in respect of the same or similar goods. If the exclusive right holder fails to do so, the Trademark Office shall notify him to correct the situation within a time limit; if the correction is not made within the time limit, the application for the assignment of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
Article 27 When applying for the renewal of a trademark registration, the applicant shall file with the Trademark Office an App1ication for Renewal of Trademark Registration. After examination and approval of the application for the renewal of a trademark registration, the Trademark Office shall issue the relevant certificate and announce it.
The period of validity of a renewed trademark shall be calculated from the day after the expiration of the previous period of validity of the said trademark.
Chapter V Trademark Review and Adjudication
Article 28 The Trademark Review and Adjudication Board shall accept applications for trademark review and adjudication filed according to the provisions of Articles 32, 33, 4l and 49 of the Trademark Law, and conduct, according to law, the review and adjudication on the basis of facts.
Article 29 By having dispute over a registered trademark mentioned in Article 4l, paragraph three, of the Trademark Law shall be meant that a registrant of a trademark in respect of which a prior application is filed for registration thereof alleges that a trademark in respect of which another person subsequently files an application for its registration is identical with or similar to his trademark registered in respect of the identical or similar goods.
Article 30 When applying for the trademark review and adjudication, the applicant shall file an application with the Trademark Review and Adjudication Board, and submit the same number of copies thereof as that of the other parties; when filing the application for reexamination based on the Decision or Adjudication made by the Trademark Office, the applicant shall meantime submit a copy of the Decision or Adjudication made by the Trademark Office.
After receipt of the application, the Trademark Review and Adjudication Board shall accept the application found to have met the requirements for acceptance upon examination; the Trademark Review and Adjudication Board shall not accept the application if it does not meet the requirements, and notify the applicant in writing and explain the reason. Where rectification is required, the Trademark Review and Adjudication Board shall notify the applicant to make the rectification within thirty days from the date of receipt of the notification. If an application still fails to meet the requirements after the rectification, the Trademark Review and Adjudication Board shall not accept it, and notify the applicant in writing and explain the reason. If the rectification is not made within the time limit, the application shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing.
Where it finds that an application for the trademark review and adjudication does not meet the requirements for acceptance after accepting it, the Trademark Review and Adjudication Board shall reject the application and notify the applicant in writing and explain the reason.
Article 31 After accepting an application for the trademark review and adjudication, the Trademark Review and Adjudication Board shall send, in a timely manner, a copy of the Application to the other party, and require him to reply within thirty days from the date of receipt of the copy of the Application, failure to make a reply at the expiration of the time limit shall not affect the review and adjudication by the Trademark Review and Adjudication Board.
Article 32 Where an interested party needs to supplement relevant proofs after he files an application for trademark review and adjudication or makes a reply, he shall make a statement to this effect in the Application or Reply, and submit the proofs within three months from the date of filing the Application or making the Reply; if the proofs are not submitted at the expiration of the time limit, the supplementation thereof shall be deemed to have be abandoned.
Article 33 The Trademark Review and Adjudication Board may, at the request of an interested party or according to practical needs, decide to conduct a public review and adjudication of the application therefor.
Where it conducts a public review and adjudication of an application therefor, the Trademark Review and Adjudication Board shall notify the interested party, within fifteen days before the public review and adjudication is held, of the date and place of, and the persons conducting the public review and adjudication. The interested party shall make a reply within the time limit fixed in the notification.
Where the applicant does not reply, nor attend the public review and adjudication, his application for the trademark review and adjudication shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify him in writing. Where the respondent does not respond, nor attend the public review and adjudication, the Trademark Review and Adjudication Board may conduct a default review and adjudication.
Article 34 Where an applicant requests for the withdrawal of his application before the Trademark Review and Adjudication Board makes its decision or adjudication, he may withdraw his application after he explains the reason in writing to the Trademark Review and Adjudication. Where the application is withdrawn, the review and adjudication procedure terminates.
Article 35 Where an applicant withdraws his application for review and adjudication, he shall not file another application for the review and adjudication on the basis of the same facts and grounds. Where the Trademark Review and Adjudication Board has made the adjudication or decision as regards an application for trademark review and adjudication, any person shall not file another app1ication for the review and adjudication on the basis of the same facts and grounds.
Article 36 In respect of a trademark the registration of which is cancelled in accordance with Article 4l of the Trademark Law, the exclusive right to use the trademark shall be deemed to be non-existent from the beginning. The decision or adjudication on the cancellation of the registered trademark has no retroactive effect on a judgment or decision already made and executed by the People’s Court or the administrative department for industry and commerce on a case of trademark infringement, or on a trademark assignment or licensing contract executed. However, in respect of damage done to any other person in bad faith by the trademark registrant, he shall compensate for the damages.
Chapter VI Administration of the Use of Trademarks
Article 37 Where a registered trademark is used, it may carry the indication of “注册商标” (“Registered Trademark”) or the registration signs of the goods, packaging or description or other attachments of the goods.
The registration signs include 注 and ?. When used, the registration signs shall be marked or indicated on the upper or lower right hand corner of the trademark.
Article 38 Where a Certificate of Trademark Registration is lost or damaged, it is necessary to apply to the Trademark Office for re-issuance of the Certificate. Where the Certificate is lost, the registrant shall declare the loss of the Certificate by publishing a declaration in the Trademark Gazette. The damaged Certificate shall be returned to the Trademark Office when an application for re-issuance is filed.
Where a Certificate of Trademark Registration is forged or falsified, criminal liability shall be imposed according to law based on the provisions governing the crimes of forging and falsifying certificates issued by the State administrative authority or other crimes.
Article 39 In respect of any of the acts referred to in Article 44 (l), (2) and (3) of the Trademark Law, the administrative authority for industry and commerce shall order the trademark registrant to rectify the situation within a time limit. If the registrant refuses to comply, the case shall be submitted to the Trademark Office for cancellation of the registered trademark.
In respect of the act referred to in Article 44 (4) of the Trademark Law, any person may apply to the Trademark Office for cancellation of the said registered trademark and explain the circumstances. The Trademark Office shall notify the trademark registrant and require him to furnish, within two months from the date of receipt of the notification, proof of use of the trademark before the date on which the application for cancellation is filed, or a justifiable reason for its non-use. If no proof of use, nor a justifiable reason for the non-use is furnished at the expiration of the time limit or the proof is invalid, the Trademark Office shall cancel his registered trademark.
The proof of use of a trademark referred to in the preceding paragraph includes proofs of the registrant’s using the registered trademark and his licensing any other person to use the registered trademark.
Article 40 Registered trademarks cancelled according to the provisions of Articles 44 and 45 of the Trademark Law shall be published by the Trademark Office, the exclusive right in the registered trademarks shall terminate on the date of cancellation decision made by the Trademark Office.
Article 4l Where the Trademark Office or the Trademark Review and Adjudication Board cancels a registered trademark for reasons re1ating only to a part of the goods designated, the trademark registration in respect of this part of the designated goods shall be cancelled.
Article 42 The amount of the fine imposed in accordance with the provisions of Articles 45 and 48 of the Trademark Law shall be less than 20% of the illegal business turnover or less than two times the illegal profits.
The amount of the fine imposed in accordance with the provision of Article 47 of the Trademark Law shall be less than l0% of the illegal business turnover.
Article 43 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.
Article 44 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.
Article 45 Where a trademark is used in contravention of the provision of Article 13 of the Trademark Law, an interested party may request the administrative department for industry and commerce for prohibition of the use. When filing the request, the interested party shall submit proofs that his trademark constitutes a well-known mark. If the Trademark Office establishes it as a well-known mark according to the provision of Article l4 of the Trademark Law, the administrative department for industry and commerce sha1l order the infringer to cease the act of using the well-known mark in contravention with the provision of Article l3 of the Trademark Law, confiscate and destroy the representations of the 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.
Article 46 Where a trademark registrant applies for the removal, from the Register, of his registered trademark or the registration of his trademark in respect of a part of the designated goods, he shall send an Application for Trademark Removal and return the original Certificate of Trademark Registration to the Trademark Office.
Where a trademark registrant applies for the removal, from the Register, of his registered trademark or the registration of his trademark in respect of a part of the designated goods, the exclusive right in the registered trademark or the effect thereof on the part of designated goods shall terminate on the date of receipt by the Trademark Office of the Application for Trademark Removal.
Article 47 Where the registrant of a trademark dies or ceases, and no formalities have been gone through for transfer of the registered trademark at the expiration of one year from the date of the death or cessation, any person is entitled to apply to the Trademark Office for the removal, from the Register, of the registered trademark. When filing an application for the removal, he shall submit the proofs of the death or cessation of the trademark registrant.
Where a registered trademark is removed from the Register owing to the death or cessation of the trademark registrant, the exclusive right to use the registered trademark terminates from the date of the death or cessation of the trademark registrant.
Article 48 Where a registered trademark is cancelled or removed from the Register according to the provisions of Articles 46 and 47 of these Regulations, the original Certificate of Trademark Registration shall become invalid. Where the registration of the trademark in respect of a part of the designated goods is cancelled, or where the trademark registrant applies for removal, from the Register, the registration of the trademark in respect of a part of designated goods, the Trademark Office shall return, to the registrant, the original Certificate of Trademark Registration on which the approval of the cancellation or removal has been marked, or re-issue the Certificate of Trademark Registration and publish the re-issuance.
Chapter VII Protection of the Exclusive Right to Use Registered Trademark
Article 49 Where an registered trademark contains the generic name, shape or model of the goods in respect of which it is used, or directly indicates the quality, main raw material, function, use, weight, quantity and other features of the goods, or contains a place name, the holder of the exc1usive right to use the registered trademark has no right to prohibit others from duly using it.
Article 50 Any of the following acts shall be an act of infringement of the exclusive right to use a registered trademark as provided for in Article 52 (5) of the Trademark Law:
(l) to use any design which is identical with or similar to the registered trademark of another person on the same or similar goods, as the designation or decoration of the goods, which mislead the public; or
(2) to intentionally provide any other person with such facilities as of storage, transportation, postal service, and concealment in his infringement of the exclusive right of another person to use a registered trademark.
Article 51 Where the exc1usive right to use a registered trademark has been infringed, any person may lodge a complaint with, or file a report on, the case of infringement to the administrative department for industry and commerce.
Article 52 An act of infringement of the exclusive right to use a registered trademark shall be subject to a fine of not exceeding three times the amount of the illegal business turnover. Where it is impossible to calculate the amount of the illegal business turnover, the fine shall be no more than RMB l00,000 yuan.
Article 53 Where a trademark proprietor believes that another person has registered his well-known trademark as an enterprise name, which is likely to deceive, or mislead, the public, he may file an application with the competent authority for the registration of enterprise names for cancellation of the registration of the enterprise name. The competent authority for the registration of enterprise names shall handle the matter pursuant to the Regulations for the Administration of Registration of Enterprise Names.
Chapter VIII Supplementary Provisions
Article 54 Where a service mark already in continuous use up to l July l993 which is identical with or similar to the service mark of another person already registered in respect of the same or similar services may continue to be used. However, a mark the use of which has been suspended for three or more years after l July l993 shall not continue to be used.
Article 55 The specific measures for the administration of trademark agency shall be separately provided for by the State Council.
Article 56 The classification of goods and services for the purposes of registration of trademarks shall be formulated and published by the administrative department for industry and commerce under the State Council.
The documents or forms for filing applications for the registration of trademarks or for attending to other trademark matters shall be formulated and published by the administrative department for industry and commerce under the State Council.
The rules for trademark review and adjudication of the Trademark Review and Adjudication Board shall be formulated and published by the administrative department for industry and commerce under the State Council.
Article 57 The Trademark Office shall set up the Register of Trademark Registration for the documentation of registered trademarks and matters relating to the registration.
The Trademark Office shall compile, print and distribute the Trademark Gazette to publish trademark registrations and other related matters.
Article 58 Fees shall be paid for applying for the registration of trademarks or for handling other trademark matters. The items and schedule of the fees shall be provided for and published by the administrative department for industry and commerce under the State Council in conjunction with the competent price administrative department under the State Council.
Article 59 These Regulations shall enter into force on l5 September 2002. The Implementing Regulations of the Trademark Law of the People’s Republic of China promulgated by the State Council on l0 March l983, revised for the first time with the approval by the State Council on 3 January l988, and revised for the second time with the approval by the State Council on 15 July 1993 and the Answers by the State Council to Issues Relating to the Attachment of Certificates for the Purpose of Trademark Registration shall simultaneously be abrogated.

Content
Chapter I General Provisions
Chapter II Scope of Case Acceptance
Chapter III Jurisdiction
Chapter IV Participants in Proceedings
Chapter V Evidence
Chapter VI Initiation of an Action and Acceptance of a Case
Chapter VII Trial and Judgment
Chapter VIII Execution
Chapter IX Compensation Liability for Infringement of Rights
Chapter X Administrative Procedure Involving Foreign Interests
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of safeguarding correct and timely trial of administrative cases, protecting the lawful rights and interests of citizens, legal persons and other organizations and ensuring and supervising the exercise of administrative power by administrative organs according to law, this Law is enacted in accordance with the Constitution.
Article 2
In case that a citizen, a legal persons or other organizations a concrete administrative action by an administrative organ or its personnel has infringed upon his or her or its lawful rights and interests, they shall have the right to initiate an action to a people s courts in accordance with this Law.
Article 3
The people s courts shall exercise judicial power independently over administrative cases, and shall not be subject to interference by any administrative organ, social organization or individual.
The people s courts shall set up administrative divisions to handle administrative cases.
Article 4
The people s court shall, in trying administrative cases, base themselves on facts and take the law as the criterion.
Article 5
The people s court shall, in handling an administrative cases, examine to determine whether or not the specific administrative act is legal.
Article 6
The people s court shall, in handling administrative cases, adopt, as prescribed by law, the systems of collegial panel, withdrawal and public trial and a system whereby the second instance is the final.
Article 7
Parties to an administrative case shall be equal before the law.
Article 8
Citizens of all nationalities shall have the right to use their native spoken and written languages in administrative proceedings.
In an area where people of a minority nationality live in concentrated communities or where a number of nationalities live together, the people s courts shall conduct the trial and issue legal documents in the language or languages commonly used by the local nationalities.
The people s courts shall provide interpretation for participants in proceedings who do not understand the language or languages commonly used by the local nationalities.
Article 9
Parties to an administrative action shall have the right to debate.
Article 10
The people s procuratorates shall have the right to exercise legal supervision over administrative proceedings.
Chapter II Scope of Case Acceptance
Article 11
The people s courts shall accept actions initiated by citizens, legal persons or other organizations against any of the following specific administrative acts:
(1). refusing to accept such administrative penalties as detention, fine, revocation of a business license or permit, order of suspension of production or business or confiscation of property;
(2). refusing to accept such compulsory administrative measures as restriction of freedom of the person or the sealing up, seizure or freeze of property;
(3). deeming that an administrative organ has infringed upon its managerial decision-making powers authorized thereto by law;
(4). deeming that the application for issuance of a permit or license conforms to the provisions of laws but an administrative organ has refused to issue it or refused to make a reply therefor;
(5). having applied to an administrative organ to perform its statutory duty in protecting the rights of the person and of property but the administrative organ has refused to perform the duty or failed to make a reply therefor;
(6). deeming that an administrative organ has failed to distribute a pension thereto according to law;
(7). deeming that an administrative organ has demanded the performance of duties in violation of laws; and
(8). deeming that an administrative organ has infringed upon other rights of the person and of property.
Apart from the provisions of the preceding paragraph, the people s court shall also accept other administrative actions which may be initiated in accordance with the provisions of relevant laws and regulations.
Article 12
The people s courts shall not accept actions initiated by citizens, legal persons or other organizations concerning any of the following matters:
(1). State acts in areas like national defense and foreign affairs;
(2). administrative rules and regulations, or decisions and orders with general binding force formulated and promulgated by administrative organs;
(3). decisions made by an administrative organ concerning awards or punishment for its personnel or concerning the appointment or removal; or
(4). specific administrative acts that shall, as provided for by law, be finally decided by an administrative organ.
Chapter III Jurisdiction
Article 13
The grassroots people s courts shall have jurisdiction as courts of first instance over administrative cases.
Article 14
The intermediate people s courts shall have jurisdiction as courts of first instance over the following administrative cases:
(1). cases of confirming patent rights of invention and cases handled by the Customs;
(2). actions initiated against specific administrative acts taken by departments under the State Council or by the people s governments of provinces, autonomous regions or municipalities directly under the Central Government; and
(3). grave and complicated cases in areas under their jurisdiction.
Article 15
The higher people s courts shall have jurisdiction as courts of first instance over grave and complicated administrative cases in areas under their jurisdiction.
Article 16
The Supreme People s Court shall have jurisdiction as a court of first instance over grave and complicated administrative cases in the whole country.
Article 17
An administrative case shall be under the jurisdiction of the people s court in the place where the administrative organ that initially undertook the specific administrative act is located. An administrative case which has been reconsidered and the reconsideration organization has changed the original specific administrative act also may be under the jurisdiction of the people s court in the locality where the reconsideration organization is located.
Article 18
An action initiated against compulsory administrative measures restricting freedom of the person shall be under the jurisdiction of a people s court in the place where the defendant or the plaintiff is located.
Article 19
An administrative action regarding a real property shall be under the jurisdiction of the people s court in the place where the real property is located.
Article 20
When two or more people s courts have jurisdiction over the same action, the plaintiff may have the option to initiate an action to one of these people s courts. In case that a plaintiff initiates actions to two or more people s courts that have jurisdiction over the case, the people s court that first receives the bill of complaint shall have jurisdiction.
Article 21
Where a people s court finds that a case it has accepted is not under its jurisdiction, it shall transfer the case to the people s court that has jurisdiction over the case. The people s court to which the case has been transferred may not transfer the case again to another people s court on its own.
Article 22
Where a people s court which has jurisdiction over a case is unable to exercise its jurisdiction for special reasons, a people s court at a higher level shall designate another court to exercise the jurisdiction.
In case that a dispute arises over jurisdiction between the people s courts, it shall be resolved by the parties to the dispute through consultation. If the consultation fails, it shall be reported to a people s court superior to the courts in dispute for the designation of jurisdiction.
Article 23
People s courts at higher levels shall have the authority to try administrative cases over which people s courts at lower levels have jurisdiction as courts of first instance, and may also transfer administrative cases over which they themselves have jurisdiction as courts of first instance to people s courts at lower levels for trial.
Where a people s court deems it necessary that an administrative case of first instance under its jurisdiction shall be tried by a people s court at a higher level, it may report to such a people s court for a decision.
Chapter IV Participants in Proceedings
Article 24
A citizen, a legal person or any other organization that initiates an action in accordance with this Law shall be a plaintiff.
If a citizen who has the right to initiate an action is dead, his or her near relatives may initiate an action.
If a legal person or any other organization that has the right to initiate an action has terminated, the legal person or any other organization that succeeds to its rights may initiate an action.
Article 25
Where a citizen, a legal person or any other organization initiate an action directly to a people s court, the administrative organ that took the specific administrative act shall be the defendant.
Regarding to a reconsidered case, if the reconsideration organization upholds the original specific administrative act, the administrative organ that initially took the act shall be the defendant; if the reconsideration organization has changed the original specific administrative act, the reconsideration organization shall be the defendant.
Where two or more administrative organs have taken the same specific administrative act, the administrative organs that have jointly taken the act shall be the joint defendants.
If a specific administrative act has been taken by an organization authorized by the law or regulations, the organization shall be the defendant. If a specific administrative act has been taken by an organization as entrusted by an administrative organ, the entrusting administrative organ shall be the defendant.
Where an administrative organ has been abolished, the administrative organ that carries on the exercise of functions and powers of the abolished organ shall be the defendant.
Article 26
Where one party or both parties consist of two or more persons, and their administrative cases are against the same specific administrative act or against the specific administrative acts of the same nature, and the people s court considers that the trial of the cases can be merged, this shall be a joint action.
Article 27
Any other citizen, legal person or any other organization who or which has interests in a specific administrative act against which an action is initiated may apply to participate in the action as a third party, or may participate in the proceedings upon notification by the people s court.
Article 28
Any citizen with no capacity for action shall be represented by his or her legal representatives in proceedings. In case that the legal representatives try to shift the responsibilities onto each other, the people s court may appoint one of them to represent the citizen in proceedings.
Article 29
Each party or legal representative may entrust one or two persons to represent him or her in proceedings.
A lawyer, a social group, near relatives of a citizen who has initiated an action, or a person recommended by the unit to which the citizen belongs or any other citizen approved by the people s court may be entrusted as an agent
Article 30
A lawyer who serves as an agent may consult materials pertaining to the case in accordance with relevant provisions, and may also investigate among and collect evidence from the organizations and citizens concerned. If the information involves State secrets or personal privacy, the lawyer shall keep it confidential in accordance with relevant provisions of the law.
Upon approval of the people s court, parties and other agents may consult the materials relating to the trial of the case, however, those involving State secrets or personal privacy shall be excluded.
Chapter V Evidence
Article 31
Evidence includes the following types:
(1). documentary evidence;
(2). material evidence;
(3). audio-video material;
(4). testimony of witnesses;
(5). statements of the parties;
(6). expert conclusions; and
(7). records of inquests and records made on the scene.
Any of the above-mentioned evidence must be verified by the court before it can be taken as a basis for ascertaining a fact.
Article 32
The defendant shall have the burden of proof for the specific administrative act it has taken, and shall provide evidence and regulatory documents on which the act has been based.
Article 33
In the course of legal proceedings, the defendant may not collect evidence from the plaintiff and witnesses on its own initiative.
Article 34
The people s court shall have the authority to request the parties to provide or supplement evidence.
The people s court shall have the authority to obtain evidence from the relevant administrative organs, other organizations or citizens.
Article 35
In the course of legal proceedings, when a people s court considers that an expert evaluation for a specialized problem is necessary, the issue shall be entrusted to an statutory expert evaluation department for an expert evaluation. In absence of such a statutory expert evaluation department, the people s court shall designate one evaluation department to conduct an expert evaluation.
Article 36
Under the circumstance where evidence is likely to be cease to exist or be lost or would be difficult to obtain later on, the participants in proceedings may apply to the people s court for the preservation of the evidence, the people s court may also take measures to preserve such evidence on its own initiative.
Chapter VI Initiation of an Action and Acceptance of a Case
Article 37
Regarding to an administrative case within the scope of acceptance by the people s court, a citizen, a legal person or any other organization may first apply for a reconsideration to an administrative organ at the next higher level or to an administrative organ as prescribed by the law or regulations, and may initiate an action to a people s court if refusing to accept the reconsideration decision; also may initiate an action to a people s court directly.
In case that an application for a consideration to an administrative organ shall be made first as stipulated by relevant provisions of laws and regulations, and that an action may be then initiated to a people s court if refusing to accept the reconsideration decision, the provisions of the laws and regulations shall apply.
Article 38
Where a citizen, a legal person or any other organization applies to an administrative organ for a reconsideration, the reconsideration organ shall make a decision within two months from the day of the receipt of the application. However, cases stipulated otherwise by laws and regulations shall be excluded.
Where any applicant refuses to accept the reconsideration decision, the applicant may initiate legal proceedings to a people s court within 15 days from the day of the receipt of the reconsideration decision. If the reconsideration organ fails to make a decision on the expiration of the time limit, the applicant may bring a suit before a people s court within 15 days after the time limit for reconsideration expires, except as otherwise provided for by law.
Article 39
Where a citizen, a legal person or any other organization choose to directly initiate an action to a people s court, he or it shall do so within three months from the day when he or it comes to know that a specific administrative act has been taken, except as otherwise provided for by law.
Article 40
In case that a citizen, a legal person or any other organization misses the time limit prescribed by law due to force majeure or other special reasons, he or it may apply for an extension of the time limit within ten days after the obstacle is eliminated, the people s court shall make a decision thereon.
Article 41
The following requirements shall be met when an action to be initiated:
(1). the plaintiff must be a citizen, a legal person or any other organization that considers a specific administrative act as having infringed upon his or its lawful rights and interests;
(2). there must be a specific defendant;
(3). there must be specific claims and corresponding factual basis; and
(4). the suit must fall within the scope of cases acceptable to the people s courts and the jurisdiction of the people s court accepting to hear the case.
Article 42
When a people s court receives a bill of complaint, it shall, upon examination, file a case or make a ruling not to accept it within seven days. If the plaintiff refuses to accept the ruling, the plaintiff may appeal to a people s court at the higher level.
Chapter VII Trial and Judgment
Article 43
A people s court shall, within five days after filing a case, send a copy of the bill of complaint to the defendant. The defendant shall, within 10 days after receiving the copy of the bill of complaint, provide the people s court with the documents on which a specific administrative act has been based and submit a bill of defense. The people s court shall send a copy of the bill of defense to the plaintiff within five days after receiving it.
Failure by the defendant to submit a bill of defense shall not affect the trial of the case by the people s court.
Article 44
During the time of legal proceedings, execution of the specific administrative act shall not be suspended. Execution of the specific administrative act shall be suspended under one of the following circumstances:
(1). if suspension is deemed necessary by the defendant;
(2). if the defendant applies for a suspension of execution, and the people s court deems that execution of the specific administrative act will cause irremediable losses and suspension of the execution will not harm public interests, and thus rules to suspend the execution; or
(3). if suspension of execution is required by the provisions of laws or regulations.
Article 45
The people s court shall openly try administrative cases, unless the cases involve State secrets or personal privacy or are otherwise provided for by law.
Article 46
When the people s court hears administrative cases, a collegial panel of judges or of judges and assessors shall be formed. The number of members of a collegial panel shall be an odd number of three or more.
Article 47
If a party considers a member of the judicial personnel to have an interest in the case or to be related to it, which may affect the impartial handling of the case, the party shall have the right to demand the withdrawal of the judicial personnel.
If a member of the judicial personnel considers himself or herself to have an interest in the case or to have other relations with it, he or she shall apply for withdrawal.
The provisions of the two preceding paragraphs shall apply to court clerks, interpreters, expert witnesses and persons who conduct inquests.
The withdrawal of the president of the court as the presiding judge shall be decided by the court s adjudication committee; the withdrawal of a member of the judicial personnel shall be decided by the president of the court; the withdrawal of other personnel shall be decided by the presiding judge. Any party who refuses to accept the decision may apply for a reconsideration.
Article 48
In case where a plaintiff refuses to appear in court without justified reasons after being summoned twice by the people s court, the court shall consider this an application of withdrawal of the case; if the defendant refuses to appear in court without justified reasons, the court may make a judgment by default.
Article 49
If a participant in the proceedings or any other person commits any of the following acts, the people s court may, according to the seriousness of his or her offense, reprimand him or her, order him or her to sign a statement of repentance or impose upon him or her a fine not exceeding 1,000 yuan or detain him or her for a period not exceeding 15 days; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1). any person who has the duty to render assistance, but delays without reason or refuses to render assistance or obstructing the execution after the people s court has served him or her a notice for assistance;
(2). forging, concealing or destroying evidence;
(3). instigating, bribing or coercing others to make false testimony or obstructing witnesses from giving testimony;
(4). concealing, transferring, selling or destroying the property that has been sealed up, seized or frozen;
(5). resorting to violence, coercion or other means to obstruct the personnel of a people s court from performing their duties or disturbing the order of a people s court; or
(6). insulting, slandering, framing, beating or retaliating against the personnel of a people s court, participants in proceedings or personnel who assist in the execution of duties.
A fine or detention must be approved by the president of a people s court. Any party who refuses to accept the punishment decision may apply for a reconsideration.
Article 50
A people s court shall not apply conciliation in trying an administrative case.
Article 51
Prior to a judgment or rulings made by a people s court on an administrative case, if the plaintiff applies for the withdrawal of the case, or if the defendant amends the specific administrative act and the plaintiff, as a result, agrees and applies for the withdrawal of the suit, the people s court shall decide whether or not to grant the approval thereon.
Article 52
In trying administrative cases, the people s courts shall take the law, administrative rules and regulations and local regulations as the criteria. Local regulations shall be applicable to administrative cases within the corresponding administrative areas.
In trying administrative cases of a national autonomous area, the people s courts shall also take the regulations on autonomy and separate regulations of the national autonomous area as the criteria.
Article 53
In trying administrative cases, the people s courts shall take as reference regulations formulated and announced by ministries or commissions under the State Council in accordance with the law and administrative rules and regulations, decisions or orders of the State Council, and regulations formulated and announced, in accordance with the law and administrative rules and regulations of the State Council, by the people s governments of provinces, autonomous regions and municipalities directly under the Central Government, by the cities where the people s governments of provinces and autonomous regions are located, as well as rules and regulations made, in accordance with laws and administrative regulations of the State Council, by the larger cities approved by the State Council.
If a people s court considers regulations or rules formulated and announced by a local people s government to be inconsistent with regulations or rules formulated and announced by a ministry or commission under the State Council, or if it considers rules or regulations formulated and announced by ministries or commissions under the State Council to be inconsistent with each other, the Supreme People s Court shall refer the matter to the State Council for an interpretation or ruling.
Article 54
After hearing a case, a people s court shall make one of the following judgments according to the conditions:
(1). rule to uphold the specific administrative act if the evidence for taking the specific administrative act is conclusive, the application of the law and regulations is correct, and the legal procedure is complied with.
(2). rule to cancel or cancel partially the specific administrative act, or rule the defendant to make a new administrative act if the specific administrative act has been taken in one of the following circumstances:
1. found to be inadequate in essential evidence;
2. found that the application of the law or regulations is erroneous;
3. found to have violated the legal procedure;
4. found to have acted exceeding authority; or
5. found to have abused the powers.
(3). if a defendant fails to perform or delays the performance of its statutory duty, a fixed time shall be set by judgment for its performance of the duty.
(4). if an administrative penalty is obviously unfair, rule to make amendment.
Article 55
Where the people s court rules a defendant to take a new specific administrative act, the defendant may not, based on the same fact and reason, undertake a specific administrative act essentially identical with the original one.
Article 56
In trying administrative cases, if a people s court considers the head of an administrative organ or the person directly in charge to have violated administrative discipline, the court shall transfer the relevant materials to the administrative organ or the administrative organ at the next higher level or to a supervisory or personnel department; if a people s court considers that there exists a criminal act, it shall transfer the relevant materials to the public security and procuratorial organs.
Article 57
The people s court shall make a judgment of first instance within three months from the day of filing the case. If an extension of the time limit is necessary under special circumstances, it shall be approved by a higher people s court, if an extension of the time limit for trying a case of first instance by a higher people s court is needed, this shall be approved by the Supreme People s Court.
Article 58
If a party refuses to accept a judgment of first instance made by a people s court, the party shall have the right to file an appeal with the people s court at the next higher level within 15 days after the service of the written judgment. If a party refuses to accept a ruling of first instance made by a people s court, the party shall have the right to file an appeal with the people s court at the next higher level within 10 days after the service of the written ruling. All judgments and rulings of first instance made by the people s court that have not been appealed within the prescribed time limit shall be legally effective.
Article 59
A people s court may handle an appealed case by examining the court records if it considers the facts clearly ascertained.
Article 60
In handling an appealed case, a people s court shall make a final judgment within two months from the day of receiving the appeal. If an extension of the time limit is necessary under special circumstances, it shall be approved by a higher people s court, if an extension of the time limit for handling an appealed case by a higher people s court is necessary, this shall be approved by the Supreme People s Court.
Article 61
The people s court shall handle appealed cases in light of the conditions:
(1). if the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment, the appeal shall be rejected and the original judgment shall be upheld;
(2). if the facts are clearly ascertained but the law and regulations are incorrectly applied in the original judgment, the judgment shall be amended according to the law and regulations; or
(3). if the facts are not clearly ascertained in the original judgment or the evidence is insufficient, or a violation of the prescribed procedure may have affected the correctness of the original judgment, the original judgment shall be rescinded and the case shall be remanded to the original people s court for a retrial, or the people s court of the second instance may amend the judgment after investigating and clarifying the facts. The parties may appeal against the judgment or ruling rendered in a retrial of their case.
Article 62
If a party considers that a legally effective judgment or ruling contains definite error, the party may make complaints to the people s court which tried the case or to a people s court at a higher level, but the execution of the judgment or ruling shall not be suspended.
Article 63
If the president of a people s court finds a violation of provisions of the law or regulations in a legally effective judgment or ruling made by his or her court and deems it necessary to have the case retried, the president shall refer the matter to the adjudication committee, which shall decide whether a retrial is necessary.
If a people s court at a higher level finds a violation of provisions of the law or regulations in a legally effective judgment or ruling made by a people s court at a lower level, it shall have the power to bring the case up for trial itself or direct the people s court at the lower level to conduct a retrial.
Article 64
If the people s procuratorate finds a violation of provisions of the law or regulations in a legally effective judgment or ruling made by a people s court, it shall have the right to lodge a protest in accordance with procedures of judicial supervision.
Chapter VIII Execution
Article 65
The parties must perform the legally effective judgment or ruling made by the people s court.
If a citizen, a legal person or any other organization refuses to perform the judgment or ruling, the administrative organ may apply to a people s court of first instance for compulsory execution or proceed with compulsory execution according to law.
If an administrative organ refuses to perform the judgment or ruling, the people s court of first instance may adopt the following measures:
(1). informing the bank to transfer from the administrative organ s account the amount of the fine that should be returned or the damages that should be paid;
(2). imposing a fine ranging from 50 to 100 yuan per day on an administrative organ that fails to perform the judgment or ruling within the prescribed time limit, counting from the day when the time limit expires;
(3). making a judicial proposal to the administrative organ next higher to the administrative organ in question or to a supervisory or personnel department. The organ that accepts the judicial proposal shall deal with the matter in accordance with the relevant provisions and inform the people s court of its disposition; and
(4). if an administrative organ refuses to execute a judgment or ruling, and the circumstances are so serious that a crime is constituted, the head of the administrative organ and the person directly held responsible shall be investigated for criminal responsibility according to law.
Article 66
If a citizen, a legal person or any other organization, during the period prescribed by law, neither initiates an action nor carries out the specific administrative act, the administrative organ may apply to a people s court for compulsory execution, or proceeds with compulsory execution according to law.
Chapter IX Compensation Liability for Infringement of Rights
Article 67
A citizen, a legal person or any other organization who suffers damage because of the infringement upon his or her or its lawful rights and interests by a specific administrative act taken by an administrative organ or its personnel shall have the right to claim compensation.
If a citizen, a legal person or any other organization makes an independent claim for damages, the case shall first be dealt with by the administrative organ. If the disposition by the administrative organ is refused to be accepted, an action may be initiated to a people s court.
Conciliation may apply to an action for compensation.
Article 68
If a specific administrative act taken by an administrative organ or its personnel infringes upon the lawful rights and interests of a citizen, a legal person or any other organization and thus causes damage thereto, the administrative organ or the administrative organ to which the personnel belongs shall bear the liability for making compensation.
After having borne the liability for making compensation, the administrative organ shall instruct those personnel who have committed intentional or gross mistakes in the case to bear part or all of the damages.
Article 69
The cost of compensation shall be included as an expenditure in the government budget at various levels. The people s governments at various levels may order the administrative organs responsible for causing the compensation to bear part or all of the damages. The specific measures thereof shall be formulated by the State Council.
Chapter X Administrative Procedure Involving Foreign Interests
Article 70
This Law shall be applicable to foreign nationals, stateless persons and foreign organizations that are engaged in administrative actions in the People s Republic of China, except as otherwise provided for by law.
Article 71
Foreign nationals, stateless persons and foreign organizations that are engaged in administrative actions in the People s Republic of China shall have the same rights and obligations to action as citizens and organizations of the People s Republic of China.
Should the courts of a foreign country impose restrictions on the administrative litigation rights of the citizens and organizations of the People s Republic of China, the Chinese people s courts shall follow the principle of reciprocity regarding the administrative litigation rights of the citizens and organizations of that foreign country.
Article 72
If an international treaty concluded or acceded to by the People s Republic of China contains provisions different from those of this Law, the provisions of the international treaty shall apply, with exception of those clauses on which the People s Republic of China has announced reservations.
Article 73
When foreign nationals, stateless persons and foreign organizations appoint lawyers as their agents in administrative actions in the People s Republic of China, they shall appoint lawyers of a lawyers organization of the People s Republic of China.
Chapter XI Supplementary Provisions
Article 74
The people s court shall charge litigation fees for handling administrative cases. The litigation fee shall be borne by the losing party, or by both parties if they are both held responsible. The specific measures on the charging of litigation fees shall be made separately.
Article 75
This Law shall come into force on October 1, 1990.