Official Xuan: "Concord" "Tongji" and other well-known hospitals are counterfeit problems will be cleaned up

Recently, the official website of the State Administration of Market Supervision and Administration issued a "notice on the counterfeiting of well-known hospitals and other institutions to carry out clean-up" (hereinafter referred to as "Notice"), proposed to strengthen the protection of well-known hospitals and other institutions, focusing on the unauthorized use of well-known hospitals and other institutions have a certain impact on the identification of counterfeit confusionThe State Administration of Market Supervision and Administration said that some medical institutions use the name of "Concord" and other well-known hospitals to carry out external operations, disrupting the normal medical order, resulting in adverse social impactIn order to promote the standardized and orderly development of medical and other industries, it was decided to focus on the problem of counterfeiting well-known hospitals such as Concorde, Huashan, Xiangya, Huaxi, Qilu, Tongji, Temple of Heaven, etc., and to carry out a nationwide clean-up and rectification of the counterfeiting of well-known hospitals and other institutions, and to effectively regulate the operation behavior of market subjects"Notice" clearly, strengthen the protection of well-known hospitals and other institutionsLocal market regulatory departments should take the initiative to connect with the national name standard management system, further improve the name ban word library, timely update the protection of well-known hospitals and other institutions related wordsStrengthen the standardized management of the names of for-profit medical institutions, and no enterprise names without authorization shall be registered for enterprise names containing the names of well-known hospitals such as "Concord"; This also means that some of the social medical institutions with the words "Concord", "Huashan" and other well-known medical institutions will be renamed, according to the Regulations on the Administration of Medical Institutions, Article 48 of the provisions, the administrative department of health has the right to correct the approved registration of inappropriate medical institutions, the higher health administrative departments have the right to correct the lower health administrative departments have approved the registration of inappropriate medical institutionsAt the same time, the Notice calls for a severe crackdown on unfair competition in the medical fieldWe will step up efforts to crack down on unfair competition such as counterfeiting confusion and false propagandaFocus on investigating unauthorized use of well-known hospitals and other institutions have a certain impact on the identity of counterfeit confusion, and the release of false medical information and other false propaganda behaviorIn addition, the Notice also requires that price violations of for-profit medical institutions be resolutely investigated and prosecutedStrengthen supervision and inspection of the charging behavior of for-profit medical institutions, focusing on the inspection of medical services, drugs and medical materials in accordance with the provisions of the price of price, price fraud and other price violationsSerious investigation and punishment of the publication of illegal medical advertising behaviorFocus on investigating and prosecuting the conduct of publishing medical advertisements without the examination and release of medical advertisements by the health and health departments and the chinese medicine management departmentsIncrease the intensity of advertising monitoring, illegal medical advertising, to immediately order the suspension of the publication, the relevant responsible subjects in accordance with the law strictly investigatedIn accordance with the law, the market subjects such as for-profit medical institutions related administrative punishments, spot checks and inspection results and other information timely through the national enterprise credit information publicity system to the public, the use of operating anomalies list, serious breach of the law and breach of trust list and joint disciplinary measures and other credit supervision means, play the role of credit punishment mechanismIn February of this year, Tianan Inspection has posted through Sina Weibo that only three of the more than 2,000 Concord hospitals in China are "true Concorde", namely the Beijing Concord Hospital of the Chinese Academy of Medical Sciences (commonly known as Beijing Concord), The Concord Hospital affiliated with Tongji Medical College of Huazhong University of Science and Technology (commonly known as Wuhan Concord), Fujian Medical University Affiliated Concord Hospital (commonly known as Fuzhou Concord), and the rest of the "Association" According to the medical community reports, according to Nanjing University data news official account "true number" shows that in the sky-eye search results to be screened, delete non-medical units, has used the name of the situation, a total of 560 names containing the word "Concord" hospitals or medical institutionsThese Concord hospitals are located throughout the country Among them, Hebei Province has a total of 59 "Concord Hospital", Henan has 50, Guizhou 44, ranked in the top three In fact, not only Concord Hospital has become a shanzhai of the hard-hit areas, "Tongji" "Huashan" and other well-known hospitals have the same experience Are these well-known hospitals so blatantly legal? The answer is that registration is allowed Citing the China News Agency report, in accordance with the relevant national business administration regulations, Beijing Concord Hospital can only take the "Beijing Concord Hospital" six words as a registered trademark, and the word "Concord" is not a registered trademark, so, the local shanzhai Concord Hospital has the opportunity to take advantage of, can still be registered to operate Some analysts say that in terms of the word "Concord" alone, The Beijing Concord Hospital cannot be exclusive And if in the naming or publicity process, the external voice Zhang said that he and Beijing Concord Hospital have various contacts, this situation is suspected of infringement The above-mentioned analysts also pointed out: "The definition of this phenomenon is still relatively complex, mainly need to see whether the enterprise in the name of the patient or consumer misleading, if it is malicious in publicity and naming and well-known hospital 'pan-relationship' is involved in infringement, but only because part of the same name is defined as 'side brand' is not appropriate, which requires specific analysis of specific issues." Ma Xiushan, deputy secretary-general of the China Intellectual Property Research Association, said: The use of well-known trademarks "free ride" also involves unfair competition, the People's Republic of China Anti-Unfair Competition Law clearly stipulates that operators must not engage in confusion, causing people to be mistaken for other people's goods or have a specific connection with others "The public service provided by medical institutions is directly related to the health of patients, the lack of strength of the hospital with the name of well-known hospitals, to their own 'discount', to the patient sane, but also to the industry adversely affected, the relevant departments must pay attention to." Ma Xiushan said Economist Song Qinghui said that china's laws and regulations still have a lot of room for improvement, "can allow some well-known enterprises or medical institutions can enjoy the corresponding registered trademarks, to prevent other enterprises or medical institutions to take advantage of the opportunity to hitchhike, not to leave a chance for brand-name people." "