Energy conservation product certification meant to strengthen IPR Protection

May 24, 2013

The General Administration of Quality Supervision, Inspection and Quarantine（AQSIQ）released the Measures for Administration of Energy Conservation Product Certification for Public Comment (“Measures for Public Comment”) on May 15, which propose to strengthen IPR protection on energy conservation products for which right holders own such IPR as patents and trade secrets.

An AQSIQ official said Article 7 of the Measures for Public Comment proposes that any institution and its staff engaged in energy conservation product certification be obligated to keep confidential the trade secrets and know-how. Article 20 may require that manufacturers and distributors gaining energy conservation product certifications establish an administration system for certification certificates and certification marks so as to faithfully record and place on file the usage of certificates or marks and correctly label and use the marks on products or packages and promotional materials.

It also makes public the energy conservation certification sample and provides that no certification certificate or certification mark may be forged, altered, unlawfully used, illegally traded or transferred by any organization or individual.

Energy conservation products can be protected by patents, trademarks, copyrights, GIs, trade secrets and other IP rights. It is a global strategic emerging industry where IPR competition is fierce.