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Legal basis and regulatory norms for brand sales certification

2024-07-18 02:14:46 Source: Champu Consulting Visits:0

The concept and significance of 1. brand sales certification

Brand sales certification refers to a third-party organization with corresponding qualifications, in accordance with relevant national or industry standards or technical specifications, through objective, true and accurate data collection, analysis and analysis of the sales or share of brand products or services in the market Assessment activities that issue certification documents or marks that meet the certification requirements.

Brand sales certification is a voluntary market behavior, which can be applied for by the brand owner or commissioned by consumers or other stakeholders. Brand sales certification can not only reflect the popularity and influence of brand products or services in the market, but also reflect the quality and value of brand products or services. Therefore, brand sales certification is of great significance to enhance brand image, enhance market competitiveness and promote economic development.

Legal basis for 2. brand sales certification

According to Article 2 of the "the People's Republic of China Certification and Accreditation Regulations", the term "certification" in these regulations refers to the conformity assessment activities in which the certification body proves that the products, services, and management systems comply with the relevant technical specifications, the mandatory requirements or standards of the relevant technical specifications. Therefore, brand sales, as a special product or service attribute, also belongs to the relevant technical specifications or standards referred to in these regulations, so it can be carried out as a voluntary certification project.

According to Article 8 of the "the People's Republic of China Anti-Unfair Competition Law", the use of quality marks, reputation marks, environmental protection marks, etc. by business operators on commodities shall comply with relevant national regulations and shall not mislead consumers. Therefore, as a sign of reputation, brand sales certification should abide by the relevant provisions of the state, shall not falsely publicize or exaggerate, and shall not damage the legitimate rights and interests of other operators or consumers' right to know.

According to Article 7 of the law on the protection of the rights and interests of the People's Republic of China consumers, when providing goods or services, business operators shall ensure that they meet the requirements for the protection of personal and property safety, and have the quality, performance, use and validity period that the goods or services should have; the express or promise made by business operators on goods or services shall be true and accurate, and shall not make false or misleading publicity. Therefore, as an express or commitment to the quality, performance and use of goods or services, brand sales certification should be true and accurate, and should not mislead consumers.

Regulatory norms for 3. brand sales certification

According to Article 1 of the Measures for the Administration of Certification Certificates and Certification Marks, in order to strengthen the management and supervision of certification certificates and certification marks for products, services and management system certification (hereinafter referred to as certification certificates and certification marks), standardize the use of certification certificates and certification marks, safeguard the legitimate rights and interests of certified organizations and the public, and promote the healthy and orderly development of certification activities, these Measures are formulated in accordance with the Regulations on the People's Republic of China Certification and Accreditation and other relevant laws and administrative regulations. Therefore, these measures are the main norms for the management and supervision of the use of certification certificates and certification marks for brand sales certification.

The main contents of these Measures include:

The (I) certification body shall engage in certification activities in accordance with the basic certification standards and certification rules, and shall issue a certification certificate to the certification client within the prescribed time limit if the certification is qualified.

(II) certified organizations should be in advertising, publicity and other activities in the correct use of certification and related information. When the certified products, services and management system undergo major changes, the certified organizations and individuals shall apply to the certification body for changes. If the certification body does not change or finds that it does not meet the certification requirements after investigation by the certification body, it shall not continue to use the certification certificate.

The (III) prohibits the forgery, fraudulent use, transfer and illegal trading of authentication certificates and authentication marks.

The State Administration of Market Supervision and Administration of (IV) shall be responsible for the administration, supervision and comprehensive coordination of certification certificates and certification marks in accordance with the law. The local market supervision and administration departments at or above the county level shall be responsible for the administration and supervision of the certification certificates and certification marks within their jurisdiction in accordance with the law.

The (V) shall, in accordance with the provisions of the Regulations on the People's Republic of China Certification and Accreditation and other relevant laws and administrative regulations, be punished by the relevant departments in accordance with the law.

Brand sales certification is an activity to assess the sales or share of brand products or services in the market, which can be used as an effective means of brand building and marketing, as well as an important basis for consumer choice and trust. Brand sales certification shall comply with the "Regulations on the People's Republic of China Certification and Accreditation", "the People's Republic of China Anti-Unfair Competition Law", "the People's Republic of China Consumer Rights Protection Law" and other relevant laws and regulations, as well as the "Administrative Measures for Certification Certificates and Certification Marks" formulated by the State Administration for Market Regulation "and other relevant regulations. Shangpu Consulting Company is an organization specializing in brand sales certification services. It provides brand sales certification services for many well-known companies to help them enhance their brand image and market competitiveness. By analyzing the legal basis and regulatory norms of brand sales certification, this paper shows the positive role of brand sales certification in enhancing brand image, enhancing market competitiveness and promoting economic development.



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