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Rules for the administration of the use of natural jade certification trademarks

Core Tip: Chapter I General Provisions Article 1 In order to maintain the reputation of natural jadeite in domestic and foreign markets and protect the legitimate rights and interests of consumers and operators, these Detailed Rules are formulated in accordance with the Trademark Law of People's Republic of China (PRC), the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC) and the Administrative Measures for the Registration of Collective Trademarks and Certification Trademarks of the State Administration for Industry and Commerce. Article 2. The certification mark is a trademark of Guo Jing.

Chapter I General Provisions

Article 1 In order to maintain the reputation of natural jadeite in domestic and foreign markets and protect the legitimate rights and interests of consumers and operators, these Detailed Rules are formulated in accordance with the Trademark Law of People's Republic of China (PRC), the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC) and the Administrative Measures for the Registration of Collective Trademarks and Certification Trademarks of the State Administration for Industry and Commerce.

Article 2 A certification trademark is a certification trademark registered by the Trademark Office of the State Administration for Industry and Commerce to prove the specific quality of natural jadeite.

Article 3 China Gemstone Association is the registrant of the certification mark and enjoys the exclusive right to the certification mark.

Article 4 An application for the use of a certification trademark shall be examined and approved by China Gemstone Association in accordance with the provisions of these Detailed Rules.

Chapter II Conditions for the Use of Certification Trademarks

Article 5 The jadeite with certification trademark refers to the jadeite produced naturally without optimization.

Article 6 The jadeite characteristics of the certification trademark meet the national standards GB/T 16552- 1996 and GB/T 16553- 1996 (unoptimized jadeite) issued by AQSIQ.

Article 7 A jadeite operator who meets the above conditions of use may apply for the use of a certification trademark.

Chapter III Application Procedures for the Use of Certification Trademarks

Article 8 A user who applies for the use of a certification trademark shall submit an application for the use of the certification trademark to China Gemstone Association.

Article 9 China Gemstone Association shall complete the following audit work within 60 days after receiving the application submitted by the applicant:

1. China Gemstone Association sent personnel to conduct on-the-spot inspection and testing of the applicant's products.

2, after testing and comprehensive trial, make a written audit opinion.

3. To meet the requirements for the use of certification trademarks, the following matters shall be handled:

Both parties sign a license contract to prove the use of trademarks;

The applicant has received the Trademark Certification Document;

The applicant obtains the certification mark;

The applicant pays the management fee.

Article 10 Where the applicant is not allowed to use the certification trademark, he may appeal to the administrative department for industry and commerce within 15 days after receiving the notice of examination opinions. China Gemstone Association respects the ruling of the administrative department for industry and commerce.

Article 11 The validity period of a license contract for the use of a certification trademark is one year. Users who continue to use the certification trademark after the expiration of the contract must apply to China Gemstone Association for renewal within 25 days before the expiration of the contract. The trademark shall not be used if it is not applied after the expiration of the contract.

Chapter IV Proving the Rights and Obligations of Licensed Trademark Users

Article 12 To prove the rights of the licensee of a trademark:

1. Use the certification mark on its products or packaging;

2. Use certification trademarks for product advertising;

3. Give priority to technical training, trade fairs and information exchange activities sponsored or co-organized by China Gemstone Association;

4. Supervise the use of management fees for certified trademarks;

5. Put forward suggestions or opinions on the working procedures and management measures of China Gemstone Association.

Article 13 Obligations to prove the licensee of a trademark:

1. Maintain the unique quality, quality and market reputation of jadeite products represented by certification trademarks;

2. Accept the supervision of China Gemstone Association on product quality inspection and trademark use, and support the work of quality inspection and supervision personnel;

3. The user of the certification mark shall have a special person responsible for the management and use of the certification mark to ensure that the certification mark is not out of control, misappropriated or lost, and shall not transfer, sell or permit others to use the certification mark;

4. Timely feedback jade quality information to China Gemstone Association, as well as consumers' feedback on the quality of products represented by certified trademarks.

Chapter V Administration of Certification Trademarks

Article 14 China Gemstone Association is the management organization of certification marks, responsible for the formulation and implementation of management rules for the use of natural jade certification marks, responsible for all-round tracking management of jade products using certification marks, doing a good job in product quality supervision and inspection, and assisting the administrative department for industry and commerce in investigating and handling infringement and counterfeiting cases.

Fifteenth China Gemstone Association and the licensee of the certification mark shall sign the license contract and report it to the State Administration for Industry and Commerce for the record.

Article 16 China Gemstone Association invites all relevant departments and social organizations to supervise the scientificity, seriousness, impartiality and authority of the licensing of certified trademarks, and also accept and handle complaints from consumers who use certified trademark jade products.

Chapter VI Protection of Certification Trademarks

Seventeenth certification trademarks are protected by relevant laws. In case of counterfeiting and infringement, China Gemstone Association will organize the collection of evidence materials and give necessary rewards to reporting units and individuals.

Article 18 Where a trademark identical with or similar to the certification trademark is used on its products and packaging without the permission of China Gemstone Association, China Gemstone Association will submit it to the administrative department for industry and commerce for investigation or bring a lawsuit to the people's court according to the Trademark Law of People's Republic of China (PRC) and relevant laws and regulations; If the circumstances are serious enough to constitute a crime, the infringer shall be investigated for criminal responsibility according to law.

Article 19 If the user of the certification trademark violates the rules, China Gemstone Association has the right to take back the license certificate and logo of the certification trademark it has received, and terminate the license contract with the user of the certification trademark; If necessary, it will be submitted to the administrative department for industry and commerce for investigation, or seek judicial channels to terminate it.

Chapter VII Supplementary Provisions

Twentieth the specific management fees for the use of certification trademarks shall be formulated by China Gemstone Association in accordance with the relevant provisions of the state, and shall be implemented after being approved by the relevant departments.

Article 21 The management fees of certification trademarks shall be earmarked for special purposes, mainly used for printing certification trademarks, product testing, accepting certification trademark complaints, collecting case evidence materials, and publicizing certification trademarks, so as to safeguard the reputation of certification trademarks and safeguard the legitimate rights and interests of consumers.

Article 22 These Rules shall come into force as of the date when the State Administration for Industry and Commerce approves the registration of the certification trademark.

China Bao jade association

In the eyes of many people in the industry, it is almost impossible to achieve a standardized classification only by the structural characteristics and humanistic attributes of jadeite. However, in this context, a national standard is brewing. Nowadays, with the continuous high temperature in the jade market, many people know that jade can be divided into A goods, B goods and C goods. In some relatively standardized sales places, goods B and C, which are regarded as fakes, gradually fade out. However, the price of jadeite product A with similar quality is very different. "The so-called' first-class color difference, ten times the price difference', a little difference in jade often means a disparity in value contrast." A jade expert said. The mystery between jade and jade also makes many people daunting. Is there any way to make this mystery transparent and open? In fact, the Jewelry and Jade Jewelry Management Center of the Ministry of Land and Resources is preparing a national standard for jade grading. This standard tries to confirm the quality of each real jade through the evaluation system, and then provides reasonable price reference for consumers and collectors. It is understood that the introduction of national standards for jade grading has entered the countdown stage. Can a quantitative standard cover all the connotations of rare jadeite? Can such standards be implemented smoothly? What does it mean for the market? What is the difficulty of grading jadeite? In the dazzling jewelry market, diamond grading standards can be seen on every diamond sales counter. When you ask the salespeople at the jade counter next to you about jade grading, these salespeople will doubt the feasibility of grading according to their own understanding of jade. Some people may tell you directly: jade grading, wait for the next life. Sales staff's understanding of jade classification is basically the same as that of many people in the industry, including many industry experts. Compared with diamonds and other gems that have been classified by the national standard, the structure of jadeite is much more complicated, and the humanistic factors, including aesthetics and sculpture, are not the same as diamonds. Wang Manjun, one of the leaders of the national standards for jade grading and director of the research department of the Jewelry and Jade Jewelry Management Center of the Ministry of Land and Resources, was deeply touched by this. She said: "Grading is the practice of evaluating gems in the international jewelry industry, and jadeite should also enter this practice. However, compared with diamonds and other gems, the situation of jadeite is more complicated, and its composition has more index factors. For example, jadeite first has various colors, colorless, green, yellow, red ... all kinds of colors, and these colors vary greatly and are extremely complicated. " In practice, the exploration of jade classification has never stopped, but the difficulty of implementation is obvious. Ms Ouyang Qiumei of Hong Kong, who has an important influence on the development of jadeite, first put forward the grading standard of jadeite. Her "4C2T 1V" standard has played an important role in stabilizing the jade market in Hong Kong, but Ouyang Qiumei's grading standard is not accepted by the domestic jade industry in the Mainland. In 2003, with the joint efforts of many parties, Yunnan, an important jadeite province in China, introduced local jadeite grading standards, printed a set of maps and provided special identification instruments. However, this standard is said to be questioned by some insiders in Guangdong, a big jade province. They believe that Yunnan's standards value quality rather than heavy industry, and it is difficult to reflect the true value of jadeite. In the past four years, when reporters asked the relevant departments in Yunnan about the implementation of the standards, the relevant departments kept their mouths shut about this topic. According to industry insiders in Yunnan, the local standard has certain reference significance in the industry, but it is difficult to operate in practice. The insiders believe that the evaluation itself is the most difficult for jadeite, and the so-called evaluation system is often easy to write and difficult to operate. Since it is a national standard, of course, all parties must follow it, and it will also involve many interests. It is not easy for the complex jade industry to generally recognize the same standard rules. Difficult, why did it take more than two years to grade? In order to establish the grading standard of jadeite, the Jewelry and Jade Jewelry Management Center solicited opinions from jadeite enterprises, industry experts, universities, jadeite operators and other parties. Wang Manjun bluntly said: "In the formulation of jade grading standards, the jewelry management center mainly plays the role of an organizational platform. To some extent, the final standard is the result of the game between all parties. The formulation of any standard is also doomed to be full of resistance. If you only see various difficulties, then the standard will never be formulated. " In the eyes of standard setters, in recent years, the domestic jade market has developed rapidly, the consumption and collection groups of jade have grown rapidly, and the new market demand has become increasingly strong. Wang Manjun said that the change process of China's jewelry market in the past 30 years is the process of giving birth to different national standards in different historical stages. In the late 1970s, when China's jewelry market was just starting, the main performance of the market was that the names were confusing and it was difficult to distinguish between true and false, not to mention that consumers, collectors and merchants were cheated. At that time, the supply of jewelry mainly came from abroad, and the correspondence between the names of foreign jewelry and domestic jewelry was very troublesome. However, the names of jewels provided by some foreign businessmen themselves suggest murder. For example, the synthetic ruby of that year deceived a large number of merchants, and this background gave birth to the national standard of jewelry and jade names. At the initial stage, the jadeite market was full of jadeite such as dyeing, bleaching and glue injection, so a large number of people who bought jadeite were fooled. The main problem at this stage is to solve the authenticity, so the national standard issued is the appraisal standard of jewelry and jade. Judging from the current situation, the development of jadeite market is surpassing the stage of authenticity identification. For example, auctions, large jade sales enterprises, shopping malls and counters. They are all engaged in A-quality jadeite, and they will issue appraisal certificates. However, the appraisal certificate can only provide a guarantee of authenticity. The quality of natural jadeite varies greatly, even a little difference seems to lead to a high value gap. At this point, the current appraisal certificate is powerless. Correspondingly, the price has become the most confusing place for jade lovers-how big is the gap between the price of jade sold in the market and its true value? What grade does a jade with a price tag belong to? Collectors are at a loss. They began to understand that their demand for the market is not only a judgment of the authenticity of jade, but also an evaluation of the value of jade. The vague jade price system has given some merchants in the jade industry an opportunity, and also affected the in-depth development of the jade market. In addition, in addition to the domestic market, jade is also facing the problem of going international. According to the current development trend, jadeite is becoming more and more popular in the international market, and the jewelry market will flow from abroad to China, China and the world. Jade classification will also lay a standard foundation for this change. In fact, some jadeite enterprises have formulated their own grading standards, which have been recognized by some insiders. Relevant people believe that an enterprise standard can be implemented smoothly because it is an enterprise standard, which can be tailored according to the specific products it operates and does not bind other enterprises, while the national standard is obviously not so simple. Wang Manjun said: "The emergence of various jadeite grading standards, whether local standards or enterprise standards in some provinces, should be considered a good thing, indicating that everyone is aware of the necessity of jadeite grading for today's market." It can be said that the first function of jade classification is to further solve and standardize the jade market. If this classification can be successfully introduced, then jade merchants will meet the requirements of transparency in jade trading-through classification, you can clearly see what grade of jade you are dealing in. But there are also different voices, especially players and businessmen have a deep understanding of jade. A jadeite collector thinks that looking back at the history of jadeite entering the oriental aesthetic system, it was defined as a kind of jadeite from the beginning, and it was measured by the "five virtues" standard according to the traditional jadeite evaluation method. In many years of jade trading, many established industry statements have also been formed. Some of these statements seem to be gradually approaching the standard direction, such as "36 water, 72 beans, 108 blue" about color, but people also find that the more detailed and complex the description, the more inoperable it becomes, and even experts in the industry are not clear about these complicated industry statements. Some people assert that jade is the embodiment of the mysterious culture of the East, and this mysterious culture is the standard of exclusion by nature. Mr. Wang Bo is an expert in the jadeite industry in Shenzhen, and he is familiar with the processing, production and sales of jadeite. Referring to the standard of jadeite, he thinks that the classification of materials is even simple compared with cultural things such as sculptors. He said: "It's like calligraphy and painting. Their materials are only paper and pen and ink, but the graffiti of an ordinary person is very different from the works of a master. As a work of art, the value brought by art is difficult to be solved by standards. In addition to artistic value, there are regional differences in the evaluation of jadeite. For example, the north prefers large transparent jadeite, while the south prefers exquisite and colorful things, but it is not particularly interested in' species'. Jade itself is also an ornament. Since it is an ornament, it has aesthetic characteristics, and aesthetics affects the price, which can be easily solved without standards. In a sense, the market is the standard. " Wang Manjun also believes that the national standard of jade grading is mainly used to guide the market, but based on the characteristics of the national standard itself, it can't take care of the details of jade, and it can only be principled, regular and dynamic, and only solves the problem of collection. For collectors, collection is a personalized behavior, with its own laws and special and unique appreciation methods. Therefore, the exploration and research of collection are at different levels from the promulgation of national standards, and there is no substitute relationship. Wang Manjun said: "In the past, when the national standards for jewelry grading were introduced, they also faced great resistance, but looking back at these standards, we can see that they played an important role in guiding the virtuous circle of the market." Some analysts in the industry believe that before the official introduction of jade grading standards, all conclusions are just guesses, because no matter how reasonable the market demand is, it is necessary to speak with specific things. It remains to be seen whether such a standard can be successfully introduced and widely recognized. "(Han Jianming) Consumer experts called for the introduction of jade standards. In this regard, Shi, deputy secretary-general of China Jewelry Industry Association, said that compared with precious metals such as gold and silver, the factors that determine the price of jadeite jade are the most complicated, which is what people often say: "Jinguiyu is priceless". At present, although some written standards have been issued in the industry, there is no unified standard for what kind of jadeite is what grade due to the lack of physical standards. Therefore, enterprises set commodity prices according to their own feed prices, processing costs, design costs, market rents and profits. It is precisely because of this that the current jade market is discounted. Discussion and evaluation criteria Jade can be identified according to 6C. Due to the lack of specific evaluation criteria, the pricing system is chaotic, and the rights and interests of consumers cannot be effectively guaranteed. In this regard, both consumers, businesses and related appraisal institutions are looking forward to the introduction of a clear jade evaluation standard to provide a rigorous reference for the market. According to industry sources, the standard of jadeite has been being worked out in recent years. At present, there is a 13 expert group in Beijing, which may be formulated according to the 6C standard. In addition, there are also related enterprises and institutions in Shanghai that want to jointly study and formulate. This is far from the value of a commodity. The jadeite collection of B goods has little value preservation. "B goods" refers to jadeite that has been treated by chemical and physical methods to increase the transparency of jadeite. General operators treat "B" jadeite in this way: soak the raw materials or finished products of jadeite with aqua regia prepared by concentrated hydrochloric acid and concentrated nitric acid to diffuse or even dissolve the impurities, low transparency and ugly appearance in the original jadeite, which is beneficial to filling other colors. This is a strong corrosion process, so the internal structure of jadeite is destroyed and becomes very loose. In order to achieve a more perfect effect, some organic glue should be injected into it to bond. These organic substances are relatively stable and have no radioactive substances, so generally speaking, they have little impact on the body. After treatment, the originally turbid jadeite became transparent and bright, more beautiful than the original color. How to judge the value of jade price? Since the beginning of this year, the prices of jadeite and other jewels have been soaring. Among them, the price increase of jadeite is the most amazing, with an increase of more than 50% this year. Experts estimate that after a period of consolidation, gold is expected to hit a new high, and as a derivative of precious metals investment, the price of jadeite raw materials is likely to "blowout".

Beijing industrial and commercial department regulates the discount behavior of shopping malls. In view of the high price of jewelry in shopping malls, the person in charge of the Consumer Protection Department of the Beijing Municipal Administration for Industry and Commerce recently stressed that according to the newly implemented Measures for the Administration of Retailers' Promotion Behavior, the maximum fine can be 30,000 yuan. The Measures for the Administration of Retailer Promotion jointly issued by the Ministry of Commerce, the National Development and Reform Commission, the Ministry of Public Security, State Taxation Administration of The People's Republic of China and the State Administration for Industry and Commerce have been implemented since June 5438+00. "At present, the five ministries and commissions are discussing and studying how to define illegal acts such as inflated prices, and specific operating rules will soon be introduced. What kind of problems are managed by which department, and how to define the false high price, including the management methods of shopping mall coupons, will have specific regulations. " Ji Kai of the Consumer Protection Department of Beijing Administration for Industry and Commerce said recently. It is reported that the Beijing Municipal Administration of Industry and Commerce will regulate the discount behavior of major shopping malls. Duan Tiyu, director of the National Jewelry Quality Supervision and Inspection Center, also believes that inflated prices are a common problem in jewelry sales. The inflated price not only deceives and misleads consumers, but also damages the market principle of fair trade. We have learned that in view of the increasing phenomenon of inflated prices and further discounts in the jewelry market, diamond merchants have begun to launch real-price sales in Beijing. At a seminar on honest sales, the person in charge of an enterprise said that it not only started to sell diamonds at a real price, but also launched a value-added repurchase business to overcome the stubborn problem of inflated prices. Regarding the practice of inflated diamond prices, the relevant personage of China Gemstone Association admitted frankly that in the past, it only advocated that the industry should not make false discounts, and relied on self-discipline of merchants and active rights protection of consumers, and there was no specific restraint method. It is reported that in foreign countries, if a diamond jeweler engages in false prices, it will be excluded from trade associations.