the trademark law of the people's republic of china
Adopted at the 24th meeting of the Standing Committee of the Fifth NPC on August 23rd, 0982.
According to the 30th meeting of the Standing Committee of the Seventh NPC on February 22nd 1993.
The First Amendment of the Decision on Amending the Trademark Law of People's Republic of China (PRC)
According to 200 1 1 adopted at the 24th meeting of the 9th NPC Standing Committee.
The Second Amendment of the Decision on Amending the Trademark Law of People's Republic of China (PRC)
Chapter I General Principles
Article 1 This Law is formulated in order to strengthen trademark administration, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, safeguard the interests of consumers and producers and operators, and promote the development of socialist market economy.
Article 2 The Trademark Office of the State Council Administration for Industry and Commerce shall be in charge of the national trademark registration and administration.
The State Council Administration for Industry and Commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes.
Article 3 Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.
The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.
Article 4 Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for a commodity produced, manufactured, processed, selected or distributed, it shall apply to the Trademark Office for trademark registration of the commodity.
Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of a service trademark.
The provisions of this Law on commodity trademarks shall apply to service trademarks.
Article 5 Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark and jointly enjoy and exercise the exclusive right to use the trademark.
Article 6 Where a registered trademark is required by the State, an application for trademark registration must be made. Without approval and registration, it may not be sold in the market.
Article 7 A trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.
Article 8 Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, may apply for registration as a trademark.
Article 9 A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
Trademark registrants have the right to indicate "registered trademarks" or registration marks.
Article 10 The following signs shall not be used as trademarks:
(1) identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and identical with the names and graphics of specific place names or landmark buildings where the central state organs are located;
(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country;
(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public;
(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;
(5) identical with or similar to the names and symbols of the Red Cross and Red Crescent;
(six) with ethnic discrimination;
(seven) exaggerated propaganda and deception;
(eight) harmful to socialist morality or other adverse effects.
Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.
Eleventh the following signs shall not be registered as trademarks:
(a) only refers to the common name, figure and model of the commodity;
(two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features.
A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use.
Article 12 Where an application for trademark registration is made with a three-dimensional mark, the shape produced only by the nature of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value shall not be registered.
Article 13 A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. If it is likely to cause confusion, it shall not be registered and its use shall be prohibited.
Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
Article 14 The following factors shall be taken into account when identifying well-known trademarks:
(a) the public's awareness of the trademark;
(2) the term of use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) The record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
Article 15 If an agent or representative registers the principal or the trademark of the principal in his own name without authorization, and the principal or the principal objects to it, it shall not be registered and the use thereof shall be prohibited.
Article 16 Where a trademark contains a geographical indication of a commodity, and the commodity does not originate from the area marked by the indication, which misleads the public, it shall not be registered and its use shall be prohibited; However, the registration in good faith continues to be effective.
The geographical indications mentioned in the preceding paragraph refer to the indication that a commodity originates from a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by natural factors or human factors in the region.
Article 17 Where a foreigner or foreign enterprise applies for trademark registration in China, it shall do so in accordance with the agreement signed between the country to which it belongs and People's Republic of China (PRC) or the international treaties to which it is a party, or in accordance with the principle of reciprocity.
Article 18 Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization recognized by the state with the qualification of trademark agency.
Chapter II Application for Trademark Registration
Article 19 When applying for trademark registration, the category and name of the goods using the trademark shall be filled in according to the prescribed commodity classification table.
Article 20 Where an applicant for trademark registration applies for the registration of the same trademark on different categories of goods, he shall file an application for registration according to the classification of goods.
Article 21 Where a registered trademark needs to be used on other goods of the same class, a separate application for registration shall be filed.
Article 22 Where the logo of a registered trademark needs to be changed, a new application for registration shall be filed.
Article 23 Where a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed.
Article 24 Where an applicant for trademark registration applies for trademark registration in China for the same commodity with the same trademark within six months from the date of the first application for trademark registration in a foreign country, he may enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.
Article 25 Where a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China Municipal Government, the applicant for trademark registration may enjoy the priority within six months from the date when the commodity is exhibited.
Where priority is claimed in accordance with the preceding paragraph, it shall make a written statement when applying for trademark registration, and submit the name of the exhibition, the evidence of using the trademark on the exhibited goods, the date of exhibition and other supporting documents within three months; Failing to submit a written statement or supporting documents within the time limit shall be deemed as not claiming priority.
Article 26 The matters declared and the materials provided in the application for trademark registration shall be true, accurate and complete.
Chapter III Examination and Approval of Trademark Registration
Article 27 Where a trademark applied for registration conforms to the relevant provisions of this Law, it shall be preliminarily examined and approved by the Trademark Office and announced.
Article 28. Where the trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not make an announcement.
Article 29 Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, they shall make a preliminary examination of the trademark applied earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.
Article 30 Any person may raise an objection to a trademark that has been preliminarily examined and approved within three months from the date of announcement. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.
Article 31 An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means.
Article 32 The Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected and whose announcement is not made. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.
Article 33 Where an objection is raised to a trademark that has been preliminarily examined and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and make a ruling after investigation and verification. If a party refuses to accept the notice, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objector in writing.
If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark reexamination procedure to participate in the proceedings as a third party.
Article 34 If a party concerned does not apply for reexamination of the ruling of the Trademark Office within the statutory time limit or does not bring a suit in a people's court against the ruling of the Trademark Review and Adjudication Board, the ruling will take effect.
If it is ruled that the objection cannot be established, it shall be approved for registration, issued with a trademark registration certificate and announced; If the objection is established, the registration shall not be approved.
If the registration is approved after the ruling that the objection cannot be established, the time for the applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of three months after the announcement of the preliminary examination.
Article 35 Applications for trademark registration and trademark reexamination shall be examined in a timely manner.
Article 36 Where an applicant or registrant for trademark registration finds that there are obvious errors in the trademark application documents or registration documents, he may apply for correction. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned.
The correction of errors mentioned in the preceding paragraph does not involve the substantive contents of the trademark application documents or registration documents.
Chapter IV Renewal, Assignment and License for the Use of Registered Trademarks
Article 37 The period of validity of a registered trademark is ten years, counting from the date of approval of registration.
Article 38 Where it is necessary to continue to use a registered trademark after its expiration, it shall apply for renewal of registration within six months before its expiration. Failing to apply within this time limit, a grace period of 6 months may be granted. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled.
Each renewal of registration is valid for ten years.
After the renewal of registration is approved, it shall be announced.
Article 39 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
Article 40 A trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.
Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.
A trademark licensing contract shall be reported to the Trademark Office for the record.
Chapter v adjudication of disputes over registered trademarks
Article 41 If a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall revoke the registered trademark; Other units or individuals may request the Trademark Review and Adjudication Board to make an order to cancel the registered trademark.
Where a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not limited by five years.
In addition to the provisions of the preceding two paragraphs, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date when the trademark is approved for registration.
After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a reply within a time limit.
Article 42 A trademark that has been challenged and ruled before its registration is approved may not apply for ruling on the same facts and reasons.
Article 43 After the Trademark Review and Adjudication Board decides to maintain or cancel a registered trademark, it shall notify the parties concerned in writing.
If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.
Chapter VI Administration of Trademark Use
Article 44 Where a registered trademark is used in any of the following acts, the Trademark Office shall order it to correct or cancel its registered trademark within a time limit:
(1) Changing the registered trademark;
(2) Changing the name, address or other registered items of the registrant of a registered trademark;
(3) Transferring a registered trademark by itself;
(four) stop using for three consecutive years.
Article 45. Where a registered trademark is used, its goods are shoddy, shoddy and deceive consumers, the administrative departments for industry and commerce at all levels shall, according to different circumstances, order it to make corrections within a time limit, and may notify it or impose a fine, or the Trademark Office may revoke its registered trademark.
Article 46 Where a registered trademark is revoked or not renewed upon expiration, the Trademark Office shall not approve an application for trademark registration that is identical with or similar to its trademark within one year from the date of revocation or cancellation.
Article 47 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit and may also be fined.
Article 48 Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local administrative department for industry and commerce, corrected within a time limit, and may be notified or fined:
(a) posing as a registered trademark;
(2) Violating the provisions of Article 10 of this Law.
(three) shoddy, shoddy, cheat consumers.
Article 49 If a party refuses to accept the decision of the Trademark Office to cancel a registered trademark, he may, within 15 days from the date of receiving the notice, apply to the Trademark Review and Adjudication Board for reexamination, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.
Article 50 If a party refuses to accept the fine decision made by the administrative department for industry and commerce in accordance with the provisions of Articles 45, 47 and 48 of this Law, he may bring a suit in a people's court within 15 days from the date of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.
Chapter VII Protection of the Exclusive Right to Use Registered Trademarks
Article 51 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.
Article 52 Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others.
Article 53 If one of the acts listed in Article 52 of this Law infringes upon the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
Article 54 The administrative department for industry and commerce has the right to investigate and deal with acts that infringe upon the exclusive right to use a registered trademark. Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.
Article 55 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use registered trademarks of others:
(1) Asking the parties concerned and investigating the situation related to the infringement of the exclusive right to use a registered trademark of others;
(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;
(three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;
(4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained.
When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Article 56 The amount of compensation for infringement of the exclusive right to use a trademark refers to the interests gained by the infringer or the losses suffered by the infringer during the infringement, including the reasonable expenses paid by the infringer to stop the infringement.
If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation.
Article 57 Where a trademark registrant or an interested party has evidence to prove that another person is committing or will commit an act that infringes on his exclusive right to use a registered trademark, and if it is not stopped in time, it will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for measures to order him to stop the relevant act and preserve his property before bringing a lawsuit.
The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of People's Republic of China (PRC) in handling the application mentioned in the preceding paragraph.
Article 58 In order to stop the infringement, the trademark registrant or interested party may apply to the people's court for evidence preservation before prosecution, if the evidence may be lost or difficult to obtain later.
After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately.
The people's court may order the applicant to provide a guarantee. If the applicant cannot provide a guarantee, the application shall be rejected.
If the applicant does not bring a suit within 15 days after the people's court takes protective measures, the people's court shall lift the protective measures.
Article 59 Where a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law in addition to compensating the infringed for the losses.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.
Article 60 State functionaries engaged in trademark registration, administration and reexamination must enforce the law impartially, be honest and self-disciplined, be loyal to their duties and provide civilized service.
The Trademark Office, the Trademark Review and Adjudication Board and the staff of state organs engaged in trademark registration, management and evaluation shall not engage in trademark agency business or commodity production and business activities.
Article 61 The administrative department for industry and commerce shall establish and improve the internal supervision system, and supervise and inspect the implementation of laws, administrative regulations and the observance of discipline by the staff of state organs responsible for trademark registration, management and review.
Article 62 Any functionary of a state organ engaged in trademark registration, administration and reexamination who neglects his duty, abuses his power, engages in malpractices for personal gain, illegally handles trademark registration, administration and reexamination, accepts the property of the party concerned, and seeks illegitimate interests, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Chapter VIII Supplementary Provisions
Article 63 When applying for trademark registration and handling other trademark matters, fees shall be paid, and the specific fees shall be determined separately.
Article 64 This Law shall come into force as of March 1 2003. 1The Regulations on Trademark Management issued by the State Council in April, 963 shall be abolished at the same time;
Other provisions on trademark management that contravene this Law shall be null and void at the same time.
Trademarks registered before the implementation of this Law shall remain valid.
Law of the People's Republic of China on Protection of Consumer Rights and Interests
1. The concept of consumer and consumer rights protection law
The so-called consumer refers to the market subject who buys and uses goods provided by operators or accepts services provided by operators for daily consumption needs, and is the most important subject in the Consumer Protection Law.
The Law on the Protection of Consumers' Rights and Interests is the general name of legal norms that adjust the social relations between the state, operators and consumers in the process of protecting consumers' rights and interests. It is an important part of economic law. The Fourth Session of the Eighth the NPC Standing Committee passed the Law on the Protection of Consumer Rights and Interests in People's Republic of China (PRC) (hereinafter referred to as the Law on the Protection of Consumer Rights and Interests). This Law shall come into force as of 199465438+ 10/day.
All right.
2. The legislative purpose and scope of application of the consumer protection law.
(1) The legislative purpose of the Law on the Protection of Consumers' Rights and Interests is to protect consumers' legitimate rights and interests, maintain social and economic order and promote the healthy development of the socialist market economy by formulating special laws to protect consumers' rights and interests.
(2) The scope of application of the Law on the Protection of Consumers' Rights and Interests is that consumers purchase or use commodities or receive services for their daily consumption needs, and their rights and interests are protected by this Law; Business operators provide consumers with the goods or services they produce and sell, and their behavior is regulated by this law. In addition, the purchase and use of means of production directly used for agricultural production by farmers shall also be implemented with reference to this Law.
3. Basic principles of consumer protection law
(1) When dealing with consumers, business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility. (2) In protecting consumers' rights and interests, the state should follow the principles of protecting consumers' legitimate rights and interests from infringement and respecting and safeguarding human rights.
"Consumer Protection Law" stipulates that
Chapter II Consumer Rights
Article 7 Consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.
Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.
Article 8 Consumers have the right to know the real situation of the commodities they buy or use or the services they receive.
Consumers have the right to require business operators to provide information such as price, place of origin, producer, use, performance, specifications, grade, main components, production date, expiration date, inspection certificate, instruction manual, after-sales service or service content, specifications and expenses according to different conditions of goods or services.
Article 9 Consumers have the right to choose their own commodities or services.
Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services.
Consumers have the right to compare, identify and choose their own goods or services.
Article 10 Consumers have the right to fair trade.
When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.
Article 11 Consumers who suffer personal or property damage due to purchasing or using commodities or receiving services have the right to compensation according to law.
Twelfth consumers have the right to establish social organizations to safeguard their legitimate rights and interests.
Article 13 Consumers have the right to acquire knowledge about consumption and the protection of consumers' rights and interests.
Consumers should strive to master the knowledge and skills of the goods or services they need, use the goods correctly and raise their awareness of self-protection.
Article 14 Consumers have the right to respect their personal dignity and national customs and habits when purchasing and using commodities and receiving services.
Article 15 Consumers have the right to supervise commodities and services and protect consumers' rights and interests.
Consumers have the right to report and accuse violations of consumers' rights and interests, as well as illegal and dereliction of duty of state organs and their staff in protecting consumers' rights and interests, and have the right to make criticisms and suggestions on protecting consumers' rights and interests.