In accordance with relevant provisions provided for in the Measures for Supervision and Administration of Product Security and its rules for implementation, anti-counterfeit technology or its products developed or produced by an overseas enterprise and promoted in China shall applied to the National Office for Administration over Anti-counterfeit Products for the registration of anti-counterfeit prior to being used.
1. Application Requirements
For the registration of overseas anti-counterfeit technology or its products in China, an overseas application enterprise shall meet following requirements:
(1) The overseas enterprise shall be registered in China or entrust a competent independent legal entity (referred to as the promotion agency);
(2) The overseas enterprise shall have appropriate conditions for production and qualified technical and administrative personnel;
(3) Both the overseas enterprise and its promotion agency in China shall have a complete and effective security system of manufacturing and distribution management and relevant measures for security; and
(4) The anti-counterfeit technology or its products shall pass the examination of anti-counterfeit technology described in the rules, and obtain a certificate of anti-counterfeit technology;
(5) Products shall be inspected by a testing organ of anti-counterfeit authorized by the National Office for Administration over Anti-counterfeit Products and meet the requirements described in relevant national standards, industry standards or enterprise standards.
2. Registration Procedure
The registration procedure of overseas anti-counterfeit technology or its products is as follows:
(1). Following documents shall be submitted by the domestic promotion agency of overseas anti-counterfeit technology products to the National Office for Administration over Anti-counterfeit Products:
1) Application form of anti-counterfeit registration (in duplicate);
2) Business Registration Certificate of the promotion agency and the Organization Code Certificate (the duplicate);
3) A letter of authorization for promotion of anti-counterfeit technology products of an overseas enterprise;
4) An approved certificate of anti-counterfeit technology;
5) Documents of management such as documents of relevant work rules, of security system and of security measures, etc;
6) The inspection report of products issued by a testing organ of anti-counterfeit authorized by the National Office for Administration over Anti-counterfeit Products;
7) A certificate of legal incorporation and a capital credit certificate of the overseas enterprise;
8) Certification documents of production conditions; and
9) The product standard or nominative technical documents with the performance requirements of anti-counterfeit technology products.
(2). After receiving the application materials of registration, the National Office for Administration over Anti-counterfeit Products shall carry out the examination in accordance with foresaid requirements within 40 working days, and if necessary, undertake on-spot check of the working conditions..
For those passing the examination, the registration shall be approved and a certificate of anti-counterfeit registration which is generally valid for three years shall be issued.
The National Office for Administration over Anti-counterfeit Products is responsible for the unified promulgation of the list of products and enterprises have completed the anti-counterfeit registration.
(3). For those failing to pass the examination, the application materials shall be returned and reasons of rejection shall be described to the application enterprises. Moreover, the application enterprises shall be informed to submit the revised application materials within 2 months. In case an enterprise fails to submit such materials within the prescribed period, the application shall be considered as withdrawal, and the consequences of the said withdrawal shall be borne by their own.
3. Certificate Management
The Certificate of Anti-counterfeit Registration shall be unified printed and issued by the AQSIQ.
4. Renewal of Certificate for the Expiration
The enterprise shall apply to the National Office for Administration over Anti-counterfeit Products for the renewal of a certificate 6 months prior to its expiration. In case the renewal is delayed because of the enterprise’s failure to submit the application in the prescribed period, the consequences resulting from their delay shall be borne by their own.