Implemented according to #10102102060 Order of Jing Gong Zi, August 31, 2012
Rules Governing Promotion and Management of
MIT Smile Logo Products
|Article 1||These rules are enacted according to Article 9.3 and Article 80.4 of the Commodity Labeling Act.|
The competent authority of these rules is Ministry of Economic Affairs (hereinafter referred to as “the Ministry”). Relevant items of promote and management as well as industrial counseling of MIT Smile Logo of Taiwan-made products in these rules (hereinafter referred to as MIT Smile Logo) are the responsibilities of Industrial Development Bureau of Ministry of Economic Affairs (hereinafter referred to as “the Bureau.”)
The Ministry should have the right to authorize governmental agencies (institutions), legal organizations, academic institutes, colleges and universities or public (private) business organizations to handle the application, evaluation, transfer, cancellation, termination or other items of public rights.
|Article 3||MIT Smile Logo referred to in these rules is the Taiwan-made Logo referring to MIT Smile Logo pattern of Taiwan-made products in Trademark Act and Taiwan-made logo in Article 9.2 of the Commodity Labeling Act.|
|Article 4||Products that are allowed to apply for MIT Smile Logo should be limited to those manufactured or processed in classifications below|
|1.||Type 1:After evaluation, products are produced by industries that focus on domestic demands, have weaker competitiveness, and are vulnerable to the impact of free trade and recognized as those with the needs of improved counseling.|
|2.||Type 2:Products accredited through specific systems publically announced and recognized by the Bureau.|
|3.||Type 3:General products except for those classified in Type 1 and 2.|
|Manufacturers with products meeting with following conditions of domestic specific product accreditation systems should be able to be evaluated by the appointed accreditation institutions of specific product accreditation by the competent authority and submit the application form and relevant document proofs to the Bureau for the application of the specific product accreditation system of the said Paragraph B.|
|1.||Products that meet the recognition conditions of the origin of Taiwan-made products governed by these rules.|
|2.||Within Taiwan, products that are governed by management mechanism including application, evaluation, issuing, tracking, and logo use as well as accredited by the reliable specific product accreditation system.|
|3.||Products are at least equipped with one more accreditation criteria of product safety and quality.|
|4.||Products are charged with reasonable accreditation fees and amounts.|
When applying for the use of MIT Smile Logo of Type 1 and 3 products, products should meet with accreditation criteria of recognition conditions and product quality of Taiwan-made origin.
The said Taiwan-made origin is recognized according to Taiwan’s origin recognition requirement of Certificate of Origin and Certificate of Processing authorized and enacted in Article 20-2 of Law of Trade, but Industrial Development Bureau should have the right to add conditions according to features of individual industry.
The accreditation basis of Product Type 1 should include that of Quality Management System of MIT Smile Logo Factory (hereinafter referred to the quality management system of factory) and individual industry.
The said accreditation basis of the quality management system of factory should include items below:
|Product quality accreditation basis of individual industry under Type 3 should include items below:|
|1.||Safety basis: Matching with national or international relevant specification.|
|2.||Functionality basis: determined according to product features.|
|3.||Commodity labeling inspection: inspect the compliance with product labeling act and other relevant rules and regulations.|
|Product quality accreditation basis of individual industry under Type 3 should be recognized according to national standards, rules and regulations or other inspection results of relevant accreditation system.|
|Article 6||For Manufacturers of Type 1 and 3 products who apply for the use of MIT Smile Logo, they should be proprietorship, partnership, or companies legally registered.|
The said manufacturers should attach product accreditation certificates issued by authorized accreditation agencies by Industrial Development Bureau as regulated by Article 5 to apply for the use of MIT Smile Logo from Industrial Development Bureau.
Said use of the MIT Smile Logo should be limited to two years. Manufacturers are allowed to apply for extensive use two months in advance; each extension should be granted no longer than two years, and multiple applications are allowed. Those who do not file for the extensive use should not use the logo continuously.
|Article 8||When manufacturers apply for the extensive use and use change of MIT Smile Logo, they should re-attach accreditation certificates, but if the application for change does not involve in the change of production process, material use or formula of use, no submission of accreditation certificates are required.|
The recognition of origin place and application for product quality accreditation, certificate issuing, and management of Type 2 Product regulated in Article 4 should follow specific product accreditation system announced and recognized by Industrial Development Bureau and handled by the competent authority.
Type 2 Product regulated in Article 4 that is certified by specific product accreditation system announced and recognized by Industrial Development Bureau should be able to use MIT Smile Logo granted by competent authority authorized by Industrial Development Bureau as well as apply for extensive use according to the specific product accreditation system.
|Article 10||When manufacturers use MIT Smile Logo being authorized, they should follow the pattern registered by Industrial Development Bureau. Without the approval of Industrial Development Bureau, they should not change the shape, color, and add text. They are allowed to use bigger or smaller size of the logo pattern.|
|Article 11||MIT Smile Logo should not be used without authorization and should not be transferred or traded.|
|Article 12||Manufacturers who use the MIT Smile Logo with authorization should not use the logo for products not being authorized by us and should not use trademark or service logo.|
Industrial Development Bureau should have the right to irregularly conduct on-site evaluation and product sampling of manufacturers authorized for the use of MIT Smile Logo, and manufacturers should not avoid, refuse and reject without proper reasons.
Manufacturers who manufacture or process Type 2 Product with the authorization to use MIT Smile Logo should track managerial items according to specific product accreditation system recognized by Industrial Development Bureau.
|Article 14||When one of the following conditions occurs, the authorized use of MIT Smile Logo should be cancelled:|
|1.||Provision of false or forged documents for application.|
|2.||Use of fraud, threat or other illegal methods to acquire MIT Smile Logo.|
|Manufaturers who are terminated the right as regulated in the previous paragraph should not re-apply the use of MIT Smile Logo within three years from the next day of termination.|
|Article 15||When manufacturers authorized with the use of MIT Smile Logo are found with one of the following situations, their authorization use will be cancelled:|
|1.||Application for the terminated use.|
|2.||Dissolution or shutdown.|
|3.||Company registration or business registration is abolished or cancelled by the competent authority according to laws.|
|4.||Cancellation, abolishment, or disqualification of the competent authority of specific product accreditation system that recognizes manufacturers of Type 2 Product due to other reasons.|
|5.||Violation against Article 11 to transfer or trade MIT logo use rights.|
|6.||Serious violation of other requirement of manufacturers against other product quality accreditation basis.|
|When manufacturers violate one of the MIT Smile Logo uses below, they should be informed of correction within time; if correction has not been made in time, the authorization use should be terminated:|
|1.||Violation against Article 12 to use MIT Smile Logo on products or other uses that have not been authorized.|
|2.||Self-print the logo without applying for self-print.|
|3.||Violation against Article 13 to avoid, hinder or reject irregular on-site evaluation and product sampling by relevant agencies.|
|4.||Rejection of on-site auditing.|
|5.||After on-site evaluation and product sampling, products are found with incompliance with product quality accreditation basis.|
If Type 2 Product regulated in Article 4 with the authorization use of MIT Smile Logo violates the said regulations, manufacturers should process according to specific product accreditation system recognized by Industrial Development Bureau.
Manufacturers who are cancelled with the authorization use according to Subparagraph 5 and 6 of Paragraph 1 and Paragraph 2 should not apply for the use of MIT Smile Logo within one year from the date of cancellation.
|Article 16||Counselling and subsidies for hardship industry, industry close to hardship, and traditional industry, and SMEs should comply with Assistance to Industrial Innovation Event Subsidies and Counselling Rules of Ministry of Economic Affairs.|
|Article 17||Before the promulgation of these rules, according to Rules Governing MIT Smile Product Accreditation System Promotion and Management of Type 1 Manufacturers, quality evaluation of small factories of MIT Smile Product replaces factory quality management system and it should continuously be used until October 17, 2013.|
|Article 18||Before the promulgation of these rules, according to Rules Governing MIT Smile Product Accreditation System Promotion and Management, MIT Smile Products accredited should be continuously allowed with the rights to use MIT Smile Logo within the effective time.|
|Article 19||These rules are put into effective since the date of promulgation.|