[Taihaopi] – 泰好批—網絡批發直銷

As Asia's world city, Hong Kong has always spared no effort in protecting intellectual property rights. In order to further enhance the confidence of tourists and consumers in shopping in Hong Kong and strengthen Hong Kong's status as a "shopping paradise" selling genuine products, the Intellectual Property Department has fully implemented the "Genuine Products Pledge" program to encourage more retail merchants to join.

The Intellectual Property Department's "Genuine Product Pledge" program was established as early as 1998. Label-issuing organizations include the Educational Book Retailers Association, Hong Kong and Kowloon Electrical Appliance Merchants Association , Hong Kong Books and Stationery Merchants Association , Hong Kong Intellectual Property Protection Association under the Federation of Hong Kong Industries , Hong Kong and Kowloon Pharmacy General Chamber of Commerce Limited , Hong Kong Pearl, Jade, Gold and Silver Jewelry Merchants Association , Hong Kong Record Merchants Association, Hong Kong Retail Management Association , Hong Kong Computer Chamber of Commerce , Hong Kong Cosmetics Trade Association , Hong Kong Tile and Sanitary Ware Industry General Chamber of Commerce Limited and Kowloon Pearl, Jade, Gold and Silver Jewelry Traders Association. The purpose of this action is to encourage members of the Retail Chamber of Commerce to build a sense of pride in selling genuine goods, make a commitment to sell genuine goods, and to increase the intellectual property awareness of retailers and consumers.

This action encourages retail merchant members to lead by example, adhere to the principle of not selling fake goods, and establish and maintain legitimate business practices, allowing consumers to identify honest merchants selling genuine products.

In 2004, the Hong Kong Intellectual Property Department cooperated with the Guangdong Provincial Intellectual Property Office to launch the "Genuine Product Commitment" program in Guangdong Province. In 2011, the Guangdong Provincial Intellectual Property Office, the Guangdong Provincial Copyright Office, and the Guangdong Provincial Administration for Industry and Commerce jointly issued a document to comprehensively launch the "Genuine Product Commitment" campaign in 21 prefecture-level cities in Guangdong Province and Shunde District of Foshan City.

Merchant members who participate in the "Genuine Product Commitment" program are committed not to sell or deal in counterfeit or pirated goods, and guarantee that all products sold are genuine. All merchant members of the "Genuine Product Commitment" will display "Genuine Product Commitment" stickers and counter cards in their stores. With this logo, tourists and consumers can easily identify authentic and authentic merchants that are trustworthy and supported, and can shop and consume in-store with peace of mind.

"Genuine Product Promise" Store Search Mobile App
iPhone/iPad version Android version Huawei version

Stores participating in the "Genuine Product Commitment" in 2021

Commitment purpose

Build a proud image: Retailers take pride in ensuring that all products sold are genuine.
Promote intellectual property rights: Raise consumer awareness on the protection of intellectual property rights
Genuine Product Guarantee: Increase the confidence of consumers and tourists in shopping in Hong Kong and consolidate Hong Kong’s reputation as a “shopping paradise”

Firm membership rights

Distinguish from dishonest retailers
Allow consumers to shop with confidence
Enhance the retailer's image of honesty and reliability

Membership validity period

The membership period of the "Genuine Product Commitment" program is from January 1st to December 31st of each year. Membership must be renewed once a year. Applicants for renewal should submit their renewal application to their respective labeling agency before December 31st.

Application method

Join the "Genuine Product Commitment" program and become a store member for free. Retail stores interested in joining this program must join one of the twelve designated labeling organizations in advance. Application forms can be obtained from the labeling agency or downloaded here .

It normally takes two months* to process a new or renewal application. Renewal applications submitted between October and December will be given priority.
*The relevant date is calculated from the date when the application form is received by the Intellectual Property Department

If the labeling agency requires the applicant to provide or supplement relevant information for the application, and the applicant fails to respond within three months after the relevant notice is issued, his or her application for that year will not be processed.

Membership Code

Business members must comply with and abide by the following terms:

Do not sell or deal in counterfeit or pirated goods.
Establish regulations requiring company management and employees to protect intellectual property rights.
Hong Kong Customs and Excise Department ('Customs and Excise Department') officers are allowed to enter shops or offices during business hours to carry out surveillance work.
If the Customs discovers counterfeit or pirated goods on its online retail shopping platform, merchant members must remove the counterfeit or pirated goods from the platform within one working day of receiving notification and provide relevant supplier information as required by the Customs.
Comply with the rules and regulations established and revised from time to time by the labeling agency and the Intellectual Property Department.

Other terms and conditions

Firm members must have been operating continuously in Hong Kong for more than one year and have no confirmed infringement records during this period.
When making a new application, firm members must hold a valid Hong Kong Business Registration Certificate and have an office address with substantial business operations in Hong Kong. Newly applying merchants must submit proof of operation for more than one year to their relevant labeling agency (such as the Hong Kong Business Registration Certificate for the twelve months before the application date).
If the labeling agency and the Intellectual Property Department have reason to believe that the merchant has a proven complaint record or is involved in ongoing/pending litigation or arbitration proceedings related to intellectual property infringement, the merchant can apply for the "Genuine Product Commitment" program. will not be accepted and the labeling organization is not required to disclose any reasons for the decision.
If the merchant member’s membership covers an online store, the online store

(1) Have a registered domain name approved by an accredited domain name registrar

(2). Hold a Secure Data Transfer Layer (SSL) digital certificate to ensure the security of data transmission during the transaction process.

(3) Store the server in Hong Kong or on a trustworthy platform that provides network security measures

(4) Have online payment options that comply with the Payment Card Industry Data Security Standard (PCI-DSS) or other relevant industry security standards.

(5) Provide simple customer service procedures (including contact information) and handle complaints in a timely manner

(6) Provide a clear shopping process and return/refund policy

(7) Properly and appropriately protect personal data in accordance with the Personal Data (Privacy) Ordinance (for details, please refer to Collection and Use of Personal Data via the Internet: Guidelines for Data Users (April 2014)

https://www.pcpd.org.hk//tc_chi/resources_centre/publications/files/guidance_internet_c.pdf

)

(8). Keep online transaction records for at least 3 months.

Should not:

(1). Only operates as a shopping platform and only provides a sales platform for other retailers.

(2) Operate its business on a shopping platform operated by a third party

If the business member’s business includes mobile applications that provide online store functions:

(2) Mobile application developers must ensure that the mobile application complies with the "Mobile Application (SSL Implementation) Best Practice Guidelines" issued by the Hong Kong Computer Emergency Response Team Coordination Center (for details, please refer to

https://www.hkcert.org/my_url/zh/guideline/15091401

)

The labeling agency and the Intellectual Property Department have the final say on applications to participate in this program and are not required to disclose any reasons for such decisions.

Use of the "Genuine Product" logo

The "Genuine Product" mark is owned by the Intellectual Property Department. If a member of the "Genuine Product Commitment" program wants to use the "Genuine Product" logo on its advertisements, promotional materials, commercial websites, mobile applications and related social media platforms (if applicable), it must obtain written permission from the Intellectual Property Department in advance approve. The "Genuine Product" logo used by trade members must be provided by the Intellectual Property Department.

Process and remove expired "Genuine Products" signs and items

All expired "Genuine Products" stickers, cards and electronic signs cannot be posted and used.
All merchants must return all expired "genuine goods" labels and holders within one month after the validity period of the "genuine goods" items or submit proof/written statement of destroying expired labels and holders to the relevant tenderer Posting organization.
All merchants must remove the expired "Genuine Product" electronic logo on their business websites, mobile applications and relevant social media platforms (if applicable).
If the merchant fails to process and remove the "genuine goods" stickers, business cards and electronic signs with expired stickers or electronic signs according to the above methods, or submit proof/written statement, its membership application for the coming year will not be accepted. The labeling agency will keep a list of merchants who have not submitted proof or written declaration as a basis for rejecting their membership renewal applications, and submit the relevant list to the Intellectual Property Department for records.

Query

If you want to learn more about the "Genuine Product Commitment" program and obtain information on intellectual property protection, you can contact the Intellectual Property Department and its website www.nofakes.hk inquiry.
Hotline: 2961 5625/ 2961 6931

Application form and leaflet

Suspension or termination of membership of the "Genuine Products Pledge" program and withdrawal from the "Genuine Products Pledge" program

If the labeling agency and the Intellectual Property Department have reason to believe that a trade member has violated the membership rules and other terms and conditions, or the Customs takes any enforcement action against the trade member, the trade member's membership in the "Genuine Product Pledge" program may be suspended or termination. Customs has the right to seize and confiscate relevant labels and cards in response to law enforcement actions taken against trade members.
Before making a decision to suspend or terminate membership in accordance with paragraph (1) above, the relevant labeling agency will send a written notice to the relevant trade member, informing them of the reasons for the proposed suspension or termination of membership. The firm member must return a duly completed reply slip within two working days (excluding Sundays and public holidays) to indicate whether he or she is willing to attend the hearing held for the relevant firm member regarding the incident to make a statement.
If the firm member indicates that he or she intends not to attend the hearing, or the relevant labeling agency does not receive a completed reply within the two working day period, the membership of the firm member concerned will be terminated immediately. If the firm member expresses its intention to attend the hearing, the hearing shall be held within two working days after the relevant labeling agency receives the completed reply slip.
Regardless of whether the relevant firm member attends the hearing, the relevant firm member may submit a written statement to the hearing committee before the hearing is held, but the written statement must be delivered to the hearing committee before the scheduled hearing time.
The Hearing Committee will exercise its absolute discretion to decide whether to suspend or terminate the membership of the firm member after considering the representations submitted by the firm member at or before the hearing. The hearing committee's decision will be notified in writing to the member of the firm as soon as possible, and the relevant decision and the contents of the decision letter will then be announced on the "Genuine Products Pledge" program website. The decision of the Hearing Committee is final and absolutely binding on the relevant firm members.
If a store member withdraws from the label issuing organization for any reason, his membership in the "Genuine Product Commitment" program will be automatically canceled immediately. Firm members can also notify the relevant labeling agency in writing to withdraw from the program at any time.
Regardless of whether a firm member is suspended, terminated or withdraws from the program for any reason, he must immediately stop publishing in any media or in any way, including but not limited to advertising, promotional materials, commercial websites, mobile applications and social media platforms (if applicable) ) uses the "Genuine Product" logo and must immediately return all "Genuine Product" labels and cards to the relevant label-issuing agency, Intellectual Property Department or Customs. If a trade member fails to comply with the above requirements, the Intellectual Property Department has the right, with the assistance of customs officers, to remove and take away all "genuine goods" labels and cards from the relevant trade member's shop or office, and take them back for safekeeping or Take possession of all labels and cards.
The relevant labeling agencies and the Intellectual Property Department have the right to announce in any media and in any way the suspension/termination of any membership or the withdrawal of a firm member from the program, as well as the actions taken against the firm member, including but not limited to announcing the relevant Name and address/domain name of the firm member, and details of suspension/termination of membership or withdrawal of the firm member from the program.
The labeling agency and the Intellectual Property Department are not required to take any action (including but not limited to termination) that may be related to the suspension/termination of membership or the withdrawal of firm members from the Program in accordance with paragraphs (1) to (8) above. or any decision to suspend any membership), and/or any actions in connection with the suspension or termination of membership or the withdrawal of firm members from the program in accordance with paragraph (8) above, any loss and damage caused in any way to No member of the firm is responsible or liable for any legal liability. This provision shall remain in full force and effect even if the membership has been suspended/terminated as described in paragraphs (7) to (8) above or the firm member has withdrawn from the program.
Regardless of whether a store member's membership is terminated for any reason, he or she can only re-apply for membership in the "Genuine Product Commitment" program 12 months from the date of membership termination.