Central Broadcasting Network, Beijing, February 9 (Reporter Wang Yiqun) According to the China Voice of China's "News Horizontal" report, well-known hospitals have won social credibility and public praise for their medical capabilities, but Some medical institutions, without legal authorization, use well-known hospital names such as "Xiehe" without authorization to defraud and mislead the people, endanger the health of patients in medical activities, seriously infringe upon the legitimate rights and interests and public image of regular hospitals, and disrupt normal medical order.
In view of the problems of some hospitals that are closely related to famous brands, the State Administration for Market Regulation has recently launched a resolute campaign to clean up and rectify the problem of counterfeiting of well-known hospitals, and verified the use of "Xiehe" in the name one by one. For-profit medical institutions with well-known hospital brands such as Tongji and Huaxi will severely punish illegal activities that disrupt the order of the medical market.
The reporter searched for "Union Hospital" through a commercial enterprise credit information platform, and more than 2,000 results appeared. Some say they are "Xiehe Hospital branch", some belong to "Piece Medical Group", and some follow the routine of "place name + Union Hospital". In addition, there are hundreds of "Tongji Hospitals", making it difficult for ordinary people to distinguish them.
Recently, the State Administration for Market Regulation requires the entire system to resolutely clean up and rectify the problem of well-known hospitals being counterfeited, and check one by one for-profit medical institutions that use well-known hospital trademarks in their names. Jin Changfeng, Director of the Name Registration Management Division of the Registration Bureau of the State Administration for Market Regulation, said: We have seen that there are some prefectures, cities or districts and counties, and some are called Union Hospital or Xiangya Hospital, but they are not actually authorized by these well-known hospitals. , they have no relationship. We must correct such hospitals. As long as there is no authorized relationship, we will correct them. ?
The chaos of well-known hospitals being copied by famous brands has been around for a long time. In recent years, regulatory authorities have also been constantly taking action to rectify such behaviors that disrupt the order of the medical market. In June last year, the State Administration for Market Regulation issued the "Notice on Cleaning up and Rectifying the Issues of Counterfeiting of Well-known Hospitals and Other Institutions", and relevant work has been carried out in various places.
Yang Hongcan, director of the Registration Bureau of the State Administration for Market Regulation, introduced at a regular policy briefing of the State Council in January this year that the State Administration for Market Regulation has always attached great importance to standardizing the management of corporate names. Yang Hongcan said: "After the outbreak of the new coronavirus last year, sensitive words such as Huoshenshan and Leishenshan were included in system management. We cooperated with relevant departments to carry out clean-up and rectification operations on the issue of counterfeiting of well-known hospitals and other institutions." ? Copycat hospital? The medical level is average, but it is good at marketing. Some benefit from illegal activities such as fabricating "famous doctors' consultations", exaggerating symptoms, and increasing prices during and after surgery. Some even use Internet search engine bidding and other methods to attract patients. Although the regulatory authorities have taken many rectification measures, "copycat hospitals" are still banned repeatedly.
Xing Xin, senior partner and lawyer at Hunan Jinzhou Law Firm, said that there are both historical reasons and practical difficulties. ? Well-known public hospitals do not pay enough attention to trademarks. For example, Union Hospital did not effectively and accordingly register the ? Union Trademark ? and ? Union Hospital ? trademark. Copycat hospitals from all over the country are taking advantage of legal loopholes. Domestic brand names are managed according to provinces. Many copycat hospitals take advantage of the loopholes and target second-, third-, and fourth-tier cities to register companies or hospitals, seize the trademarks or trade names of well-known domestic hospitals, and use nationally well-known tertiary medical institutions such as Union Medical College. With the name of the institution, numerous "fake hospitals" have been established to confuse the public with fake ones. This is the naming routine of "Place Name + Union Hospital". ?
In addition, well-known hospitals also face multiple obstacles on the road to combating counterfeiting and safeguarding rights. Some copycat hospitals deliberately register company names that are identical or similar to previously well-known trademarks and simplify their use to avoid trademark infringement.
Wang Chenguang, director of the Health Law Research Center at Tsinghua University Law School, believes that such blatant misappropriation of the name of a well-known public hospital to establish a for-profit medical institution is a clear illegal act. ?This actually violates the reputation rights of these public hospitals. But these hospitals have nothing to do and they don’t know. Therefore, in this field, the scope, institutions, personnel and other aspects of supervision need to be further strengthened. ?
The newly revised "Enterprise Name Registration Management Regulations" (hereinafter referred to as the "Regulations") will come into effect in March this year. Enterprise name registration will be changed from the pre-approval system of the past 30 years to independent declaration. .
However, Yang Hongcan said that canceling the pre-approval of names does not mean that the registration authority will no longer review company names. ?For enterprise names that violate laws and regulations, violate good customs and integrity, and engage in improper behavior such as being close to famous brands, the market supervision department will also supervise and manage them in strict accordance with relevant legal regulations. ?
Lawyer Xing Xin pointed out that the newly revised "Regulations" have strengthened the supervision during and after the registration of enterprise names, and made it clear that if infringement of enterprise names such as "adjacent to famous brands" is involved, the infringed subject can request the registration authority to take action. For correction, you can also file a lawsuit in the People's Court. At the same time, the prohibited items in the "Regulations" have been added or may have other adverse effects. This means that the enterprise registration authority has the right to correct enterprises that have had adverse effects due to their names in recent years. For private hospitals that maliciously use the names and trade names of well-known public hospitals, the health administrative department can correct the names of private hospitals in accordance with their administrative powers. They can also accept reports from well-known hospitals or other citizens or units and investigate and deal with private hospitals. Correct its name. ?
Jin Changfeng said that in the future, the national market regulatory authorities will intensify efforts to crack down on the unauthorized use of well-known hospital names and logos by medical institutions. At the same time, they will strengthen coordination and communication with health and other departments to establish a system for the protection of well-known hospital brands. Long-term mechanism. ?For medical institutions that operate in violation of laws and regulations, we must publicize the results of administrative penalties and random inspections to the public through the national enterprise credit information disclosure system. Those who seriously violate the law must be included in the list of serious illegal and dishonest enterprises, and joint punishment for dishonesty shall be carried out. ?