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Legal norms and risk prevention of enterprise brand sales certification and market position certification services.

2024-07-23 22:32:20  来源:尚普咨询  浏览量:0

1. Introduction

品牌是企业在市场上形成的独特的名称、符号、设计或者其他标志,能够代表企业或者其产品或者服务所具有的特征、优势或者价值,并能够引起消费者或者其他利益相关者的认知、信任或者偏好。品牌是企业获取竞争优势和增加利润能力的重要手段之一。

With the development of economic globalization and information technology, consumers' demand for products or services is becoming more and more diversified, personalized and high-quality, and they are also paying more and more attention to the brand value behind the products or services. Therefore, how to effectively display their own brand image, enhance their awareness in the minds of consumers, reputation and loyalty, has become an urgent problem to be solved.

In order to help enterprises solve this problem, a new and potential market research service-brand sales certification and market position certification service came into being.

这种服务是指由专业机构或者个人根据客户提供或者委托自行收集相关数据,并按照国家标准或者行业标准进行分析处理,并出具权权威可信赖的报告文件,对客户所属行业内某一特定产品或者服务在某一特定时间段内(通常为一个季度)实现了多少销售额、占有率等指标进行评估,并给出相应建议。

这种报告文件可以作为客户向消费者或者其他利益相关者展示自己产品或者服务在市场上取得了什么样成绩,并增强自己在消费者心目中形成了什么样印象。

本文旨在从法律规范、风险防范、服务质量等方面,对企业品牌销量认证和市场地位证明服务进行分析,并提出相应建议。

二、法律规范

At present, there are no unified laws and regulations in China specifically for the field of enterprise brand sales certification and market position certification services. However, in the "the People's Republic of China Certification and Accreditation Regulations" (revised in 2020), the definition, scope, subject, procedures, supervision and other aspects of certification and accreditation activities are stipulated. Article 2 stipulates that certification and accreditation activities refer to "in accordance with national Standards, industry standards or other normative documents, activities that evaluate and confirm the compliance of products, services, management systems, personnel, institutions, etc".

According to this provision, corporate brand sales certification and market position certification services are a kind of certification and accreditation activities, therefore, should comply with the relevant provisions of the "the People's Republic of China Certification and Accreditation Regulations.

In the "the People's Republic of China Certification and Accreditation Regulations", the main body of certification and accreditation activities, namely certification agencies, accreditation agencies, inspection and testing agencies, evaluation agencies, etc., have clear qualification requirements and management standards. For example, Article 6 provides that a certification body shall have the following conditions:

(一)有法人资格;

The (II) has professional and technical personnel, equipment and facilities and management system suitable for the certification activities;

(三)有独立、公正、科学、有效开展认证活动的能力;

(四)有保证认证活动质量的内部控制制度;

(V) have a system to ensure the disclosure, confidentiality and security of information on certification activities;

(六)有处理认证活动争议和投诉的制度;

(VII) other conditions stipulated by the national certification and accreditation supervision and management department.

Therefore, institutions or individuals engaged in enterprise brand sales certification and market status certification services should meet the above conditions, and apply to the national certification and accreditation supervision and management department for certification qualifications in accordance with regulations, and obtain corresponding certification certificates and certification marks before certification activities can be carried out. Otherwise, they will face legal liability.

In addition, institutions or individuals engaged in enterprise brand sales certification and market position certification services shall also comply with other provisions on certification activities in the the People's Republic of China Certification and Accreditation Regulations, such:

The (I) shall, in accordance with national standards, industry standards or other normative documents, as well as certification rules and certification procedures, carry out certification activities fairly, scientifically and effectively, and shall not harm the national interests, social public interests and the legitimate rights and interests of others;

The (II) shall record, file and save the object, content, result, evidence and other information of the certification activities, and report to the national certification and accreditation supervision and management department in accordance with the provisions;

The (III) shall keep confidential the trade secrets and personal privacy involved in the certification activities, and shall not disclose, tamper with, forge or abuse them;

The (IV) shall supervise, recheck and verify the results of certification activities, and take timely measures when finding problems, such as suspending, revoking, changing or canceling the certification certificate or certification mark;

The (V) shall publicize the charging items, standards, basis and other information of the certification activities, and shall not collect fees without authorization or in disguised form;

The (VI) shall accept the supervision, inspection and verification of the national certification and accreditation supervision and administration department, truthfully provide relevant information, and shall not refuse, hinder or cheat;

(VII) shall bear the liability for damages caused by certification activities in accordance with the law, and shall not exempt or limit their liability.

To sum up, corporate brand sales certification and market status certification services are a kind of certification and accreditation activities, which should comply with the relevant provisions of the "the People's Republic of China Certification and Accreditation Regulations", otherwise, they will face legal risks and responsibilities.

3. risk prevention

In addition to legal risks and responsibilities, corporate brand sales certification and market position certification services also have other risks that need to be effectively prevented. The following is an analysis of possible risks and precautions from both the service provider and service recipient perspectives.

(I) Service Provider

Service providers are institutions or individuals engaged in the certification of corporate brand sales and market position certification services, and the main risks they face are:

Data risk. Data is the basis of certification activities, and the authenticity, accuracy, completeness, timeliness and comparability of data directly affect the quality and effect of certification activities. If the data source is not reliable, data collection is not standardized, data processing is not scientific, data analysis is not objective, data presentation is not clear, may lead to data risk, thus affecting the credibility and effectiveness of certification activities.

Technical risks. Technology is the guarantee of certification activities, and the advancement, applicability, stability and safety of technology directly affect the efficiency and effect of certification activities. If the technical level is not high, the technical equipment is not perfect, the technical method is unreasonable, and the technical loopholes are not repaired, it may lead to technical risks, thereby affecting the quality and effectiveness of certification activities.

人员风险。人员是认证活动的主体,人员的素质、能力、态度、行为等都直接影响认证活动的公正性和有效性。如果人员不具备相应的专业知识、技能、经验,人员不遵守相应的职业道德、规范、制度,人员不履行相应的职责、义务、责任,人员不维护相应的独立性、公正性、科学性,都可能导致人员风险,从而影响认证活动的信誉和效力。

Market risk. The market is the environment of certification activities, market demand, competition, changes, rules, etc. directly affect the development and prospects of certification activities. If the market demand is not strong, the market competition is unfair, the market changes are unpredictable, and the market rules are not perfect, it may lead to market risks, thus affecting the income and sustainability of certification activities.

In order to prevent these risks, service providers should take the following measures:

Strengthen data management. The service provider shall establish and improve the data management system, standardize the data source, collection, processing, analysis, presentation and other aspects, ensure the authenticity, accuracy, completeness, timeliness and comparability of the data, and improve the quality and effect of the data. The service provider shall also check, evaluate, update and optimize the data regularly, find and solve the data problems in time, and improve the reliability and validity of the data.

提升技术水平。服务提供方应当不断引进、创新、应用先进的技术,完善技术设备、方法、系统等,确保技术的先进性、适用性、稳定性、安全性等,提高技术的效率和效果。服务提供方还应当定期对技术进行检测、维护、升级、改进等,及时发现和解决技术问题,提高技术的可靠性和有效性。

Cultivate the quality of personnel. The service provider shall strengthen the recruitment, training, assessment and incentive of personnel, ensure that the personnel have corresponding professional knowledge, skills and experience, and improve the ability and level of personnel. Service providers should also strengthen the education, management, supervision, punishment, etc. of personnel, ensure that personnel abide by the corresponding professional ethics, norms, systems, etc., and improve the attitude and behavior of personnel.

Observe market dynamics. Service providers should pay close attention to market demand, competition, changes, rules, etc., and adjust their service content, methods, prices, strategies, etc. in a timely manner to ensure that their services meet market requirements and expectations, and improve the attractiveness of their services. Competitiveness. Service providers should also actively participate in market communication, cooperation, innovation, regulation, etc., and contribute to the development and prospects of the market.

(II) service recipient

服务接受方是指委托或者购买企业品牌销量认证和市场地位证明服务的企业,他们面临的主要风险有:

Select risk. Choice is an important decision that the service recipient needs to make before purchasing the service, and the rationality, correctness and appropriateness of the choice directly affect the value and effect of the service. If the selected service provider does not have the corresponding qualifications, capabilities, reputation, and the selected service content, method, price, duration, etc. do not meet their own needs, budgets, goals, etc., it may lead to selection risks, thereby affecting service satisfaction And benefits.

Use risk. Use is an important behavior that the service recipient needs to do after purchasing the service. The rationality, correctness, and appropriateness of use directly affect the value and effect of the service. If the results of the service used are untrue, inaccurate, incomplete, untimely and incomparable, the service suggestions used are unreasonable, infeasible, ineffective and unsustainable, and the service methods used are not standardized, illegal and non-compliant, it may lead to the risk of use, thus affecting the reputation and effectiveness of the service.

传播风险。传播是服务接受方在使用服务之后需要做的重要行为,传播的合理性、正确性、适当性等都直接影响服务的价值和效果。如果传播的服务结果不真实、不准确、不完整、不及时、不可比,传播的服务建议不合理、不可行、不有效、不持续,传播的服务方式不规范、不合法、不合规,都可能导致传播风险,从而影响服务的影响力和持续性。

为了防范这些风险,服务接受方应当采取以下措施:

谨慎选择服务提供方。服务接受方应当在购买服务之前,对服务提供方进行充分的了解、比较、评估,选择具备相应的资质、能力、信誉的服务提供方,选择符合自己的需求、预算、目标的服务内容、方式、价格、期限等,避免选择不合适或者不可靠的服务提供方。

合理使用服务结果。服务接受方应当在购买服务之后,对服务结果进行仔细的核对、分析、评估,使用真实、准确、完整、及时、可比的服务结果,使用合理、可行、有效、持续的服务建议,使用规范、合法、合规的服务方式,避免使用不真实或者不合理的服务结果。

Proper dissemination of service results. After using the service, the service recipient shall reasonably display, publicize and promote the service results, disseminate true, accurate, complete, timely and comparable service results, disseminate reasonable, feasible, effective and continuous service suggestions, disseminate standardized, legal and compliant service methods, and avoid the dissemination of untrue or unreasonable service results.

四、服务质量

服务质量是衡量企业品牌销量认证和市场地位证明服务的重要指标,服务质量的高低直接影响服务的价值和效果。服务质量的评价主要包括以下几个方面:

服务的专业性。服务的专业性是指服务提供方是否具备与服务内容相匹配的专业知识、技能、经验等,是否能够按照国家标准、行业标准或者其他规范性文件,以及认证规则和认证程序,公正、科学、有效地开展认证活动,是否能够出具权权威可信赖的报告文件,对客户所属行业内某一特定产品或者服务在某一特定时间段内实现了多少销售额、占有率等指标进行评估,并给出相应建议。

服务的及时性。服务的及时性是指服务提供方是否能够在约定的时间内完成服务内容,是否能够及时响应客户的需求、问题、意见等,是否能够及时提供服务结果、建议、反馈等,是否能够及时处理服务中出现的问题、争议、投诉等。

服务的满意度。服务的满意度是指客户对服务内容、方式、价格、期限等的认可程度,是否符合客户的需求、预算、目标等,是否达到客户的期待、要求、标准等,是否超出客户的想象、愿望、理想等。

服务的效果。服务的效果是指服务对客户的品牌形象和市场竞争力的提升程度,是否能够帮助客户提升品牌形象和市场竞争力,是否能够帮助客户增加销售额、占有率等指标,是否能够帮助客户增强消费者或者其他利益相关者的认知、信任或者偏好。

服务的持续性。服务的持续性是指服务是否能够长期稳定地为客户提供服务,是否能够根据市场的变化和客户的需求进行调整和优化,是否能够为客户提供后续的服务支持和保障,是否能够为客户提供持续的服务价值和效果。

为了提高服务质量,服务提供方和服务接受方应当共同努力,建立良好的沟通、协作、信任、评价等机制,不断改进和优化服务内容、方式、价格、期限等,提升服务的专业性、及时性、满意度、效果、持续性等,实现服务的双赢和共赢。

5.Conclusion

企业品牌销量认证和市场地位证明服务是一种专业的市场研究服务,旨在帮助企业提升品牌形象和市场竞争力,通过对品牌销量的真实性、合规性、有效性和可持续性进行全面的评估和优化,为企业提供权权威的品牌销量证明和建议。本文从法律规范、风险防范、服务质量等方面,对企业品牌销量认证和市场地位证明服务进行了分析,并提出了相应的建议。希望本文能够对从事或者需要这种服务的机构或者个人有所帮助和启发。




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