2022年1月29日

The market supervision department strictly investigated the illegal use of famous hospital names such as “Union”

China News Network on March 26 According to the website of the State Administration of Market Regulation, market regulators are strictly investigating the illegal use of famous hospital names without authorization. According to statistics, since February this year, the national market regulatory authorities have ordered 492 for-profit medical institutions to change their names without authorization, including famous hospital names such as “Union”, “Huashan”, “Tongji”, “Huaxi”, “Xiangya”, “Qilu” and “Tongren”.

Market supervision administration, said the union hospital, tongji hospital, tongren hospital and other well-known hospitals with its medical strength won the social reputation and the reputation, but some of the medical institutions without legal authorization, unauthorized use of “concord” “tongji” and other well-known hospital size, fraud, mislead the people, seriously violated the legal rights and interests of the normal hospital and public image, disturb the normal medical order.

In response to social concerns, the State Administration for Market Regulation issued the Notice on Cancellation and Remedies on the Counterfeiting of Well-known Hospitals and Other Institutions in May 2020, aiming to carry out a nationwide clean-up and rectification of the problem of counterfeiting of well-known hospitals and other institutions, and effectively regulate the business behaviors of market players. In July 2020, total bureau of national health committee, the Ministry of Civil Affairs, market supervision and so on four departments jointly issued by the name “about further standard medical institution management notice, requires all localities departments of various further standardize medical institution name management, strictly fulfill their duties of the name of the management of medical institutions and related medical institutions are strictly prohibited use name leads patients, is strictly prohibited without the approval of the name of a medical institution, strict screening clear violations of medical institution name, crack down on medical institutions using the name of an illegal practice, etc.

In February, the market supervision administration of the printing on the resolute clean-up of notice of well-known hospital was fake, require full system one by one, check the use of “union” in the name of the “huashan” tongji “huaxi” “” “xiangya “” qilu” “colleagues” and other well-known hospital size of for-profit medical institutions, severely punish the illegal ACTS related to disturb the order of medical market. Around the market regulators to establish special clean-up team, vigorously screening regulation, crack down on illegal ACTS of unfair competition and price in medical areas, issued false illegal medical advertisement behavior illegal behaviors, such as cleaning up a batch of unauthorized use of well-known medical institutions of hospital size, effectively maintain the healthy development of the medical industry, safeguard the legitimate rights and interests of the people.

According to statistics, since February this year, the national market regulators ordered to unauthorized use of “concord” “huashan” tongji “huaxi” “” “xiangya “” qilu” “colleagues” and other well-known hospital size 492 for-profit medical institutions changes its name, it shall be ordered to unauthorized use of the relevant size of 1525 hospital management, medical hairdressing, medicines and other related industries market main body changes its name; Investigated and dealt with 66 cases of unfair competition behavior in the medical field, with a fine of 5.3351 million yuan; To supervise and inspect the charging behavior of 28,700 for-profit medical institutions, investigate and deal with 120 cases of illegal pricing behavior in the medical field, and confiscate 9,465,400 yuan; 205 cases of publishing false illegal medical advertisements were investigated and dealt with, and the amount of fines and confiscations was 4,662,700 yuan. Through the special action of resolutely cleaning up and remedying the problem of famous hospitals being counterfeited, we severely punished the illegal behaviors that disturb the order of the medical market, and maintained the good order of the healthy development of the medical industry.

I. The market supervision department of Hebei Province ordered the New Union Hospital of Cangzhou Canal District to change its enterprise name to Huanuo Hospital of Cangzhou Canal District

In June 2020, the Market Supervision Bureau of Cangzhou City, Hebei Province received the information forwarded by the Market Supervision Bureau of Hebei Province that the New Union Hospital of Cangzhou Canal District published illegal advertising clues on its own website. Cangzhou Municipal Bureau of Market Supervision immediately interviewed the main persons in charge of the new Union Hospital in Cangzhou Canal District, pointing out that they used the name of “Union” famous hospital to conduct foreign business, which disturbed the medical order and caused bad social impact, and ordered them to immediately change the name of the enterprise. On July 26th, the new Union Hospital of Cangzhou Canal District registered its name change. The new name is Huanuo Hospital of Cangzhou Canal District. In view of the minor illegal advertising behavior of the party concerned, Cangzhou Market Supervision Bureau issued a notice of order to correct, and required the party to modify the illegal advertising content published on its own webpage, and publish the advertisement according to the content approved by the Medical Advertisement Examination Certificate.

II. The market supervision department of Liaoning Province strictly enforced the law, and Jinzhou Tongji Hospital was renamed Jinzhou Renji Hospital

In June 2020, the Market Supervision Bureau of Jinzhou City, Liaoning Province carried out the clean-up and rectification activities in accordance with the deployment. During the action, the relevant persons in charge of Jinzhou Tongji Hospital were interviewed and informed that the act of using “Tongji” as the name of the medical institution violated the relevant provisions of Article 6, paragraph 2 of the Anti-Unfair Competition Law. On July 15, 2020, jinzhou city market supervision bureau issued a rectification notice to jinzhou tongji hospital, order them to make the following corrections before August 15, 2020: change in the business license and the name of the license of medical institutions, dismantle and destroy everything with the wording “tongji” plaque, bills, official seal, etc., stop with the wording “tongji hospital” propaganda on the Internet. On July 20, 2020, Tongji Hospital of Jinzhou went through the registration of name change and changed to Jinzhou Renji Hospital.

III. The market supervision department of Jilin Province assisted the transformation and upgrading of enterprises with the combination of clean-up and rectification. Two “Tongren” drugstores in Panshi City were renamed and transformed into enterprises

Through a comprehensive investigation, the Market Supervision Bureau of Panshi City in Jilin Province found that two market entities under its jurisdiction, Tongren Pharmacy in Yantongshan Town of Panshi City and Tongren Pharmacy in Mingcheng Town of Panshi City, used the name names of well-known hospitals without authorization. During the on-site inspection, law enforcement officers publicized the relevant laws and regulations, requiring operators to handle the name change registration within a certain period of time, and making clear that before the name change, they shall not release all kinds of publicity and advertisements related to the name of well-known hospitals. Combined with the actual operation situation of the operators, the law enforcement officers further publicized the preferential policies of the government to support “individual transformation to enterprise”, and guided the operators to enhance their confidence in transformation and upgrading. In February 2021, the principals of the two pharmacies handled the transformation and upgrading of individual industrial and commercial businesses, and the names of the market entities were changed to Panshi Fulai Pharmacy and Panshi Tongyuan Pharmacy respectively.

IV. The market supervision department of Jiangsu Province cleaned up and renovated comprehensively. The Union Hospital of Shuyang was renamed as Minghe Hospital of Shuyang, and Taicang Union Hospital applied for cancellation

Jiangsu suqian shuyang market regulator to the prefecture hospital institutions such as the comprehensive screening when learned that ShuYang xiehe hospital after 14 years of development, has been upgraded to level 2 grade a hospital from primary hospital, and hold the “ShuYang xiehe hospital” trademark, will lead to the change of the hospital name brand to refactor, development planning problems. In order to help the patients remove their concerns, the Market Supervision Bureau of Shuyang County arranged special staff to take the initiative to explain policies, mobilize and provide guidance, so as to guide the hospital to enhance its sense of social responsibility, overcome short-term pain and maintain a long-term vision for development. With the mobilization and help of the market supervision department, the Union Hospital of Shuyang handled the name change registration on September 29, 2020, and changed its name to Shuyang Minghe Hospital. The hospital simultaneously applied to the State Intellectual Property Office for the registration of the trademark of Shuyang Minghe. The original trademark has been discontinued and is in the process of cancellation. The market supervision bureau in Taicang, Jiangsu province, found that the name of Taicang Union Hospital was related to the name of a well-known hospital. The Market Supervision Bureau of Taicang City immediately had an interview with the executive partner of Taicang Union Hospital to publicize the “Provisions on the Administration of Enterprise Name Registration” and other laws and regulations, and the person concerned said that he would cancel the enterprise. At present, the enterprise through simple cancellation procedures for cancellation of registration, and in the national enterprise credit information disclosure system.

5. With the combination of flexible law enforcement and compulsory revocation by the market supervision department of Shandong Province, Tongji Hospital of Laizhou was renamed as Laizhou Guangji Hospital, and Laizhou Union Hospital was revoked in accordance with the law, and Jinan Union Hospital was cancelled

The Laizhou Municipal Bureau of Market Supervision found in the clean-up and rectification of well-known hospitals being counterfeited that two enterprises were within the scope of rectification, among which Tongji Hospital of Laizhou operated normally, and the Union Hospital of Laizhou did not carry out business activities for a long time. Laizhou Municipal Bureau of Market Supervision took the initiative to visit Laizhou Tongji Hospital and issued a proposal for administrative guidance for the change of the name of the hospital within a certain time limit. The hospital was renamed as Laizhou Guangji Hospital on September 24, 2020. Laizhou Union Hospital has no whereabouts and has not reported for more than two consecutive years. After soliciting opinions from tax and human resources and social security authorities and collecting evidence that the hospital had not operated for more than two years, the Laizhou Municipal Market Supervision Bureau revoked the business license of the hospital in accordance with relevant laws and regulations. Jinan Municipal Market Supervision Bureau will be Jinan Union Hospital Management Co., Ltd. as the focus of the rectification object, repeatedly contact the person in charge of the enterprise, to inform the legal responsibility and consequences of the use of well-known hospital name. Because the enterprise has not officially launched the operation, the person in charge of the enterprise decided to handle the cancellation. On March 1, 2021, the enterprise shall complete the deregistration registration on the day when the simple deregistration notice expires.

VI. Chongqing Municipal Market Supervision Department publicized the policy in depth, and Chongqing Huashan Hospital Co., Ltd. actively applied for the name change

Chongqing Yubei District Market Supervision Bureau found in the investigation that Chongqing Huashan Hospital Co., Ltd. used the name of a well-known hospital without authorization. However, the company was established in December 2009 and has been operating in Chongqing for more than 10 years, so it was concerned about changing the name and worried that it would affect the company’s operation. Chongqing Yubei District market supervision bureau staff for many times to the door to preach the policy, resolve the concerns of enterprises, and finally dispel the concerns of enterprises. In February 2021, the person in charge of Chongqing Huashan Hospital Co., Ltd took the initiative to apply for registration of name change.

7. Gansu Province’s market supervision department continued to promote the clean-up and rectification, and Lintao Union Hospital was renamed twice and completely reformed

In July 2020, Lintao County Market Supervision Bureau of Dingxi City, Gansu Province on the area of market players using the name of a well-known hospital for a special cleaning up and remediation. After renovation, Lintao Union Hospital was renamed Lintao Harmony Hospital on October 22. In early February 2021, Lintao County Market Supervision Bureau again on the area of medical institutions to clean up and renovate, March 5, Lintao Huanhe Hospital application for name change registration, renamed Lintao Kanghe Hospital. In order to prevent a regulatory vacuum, Lintao County Market Supervision Bureau to Lintao County Health Bureau letter to the name of the hospital change related matters. On March 9, Lintao County Market Supervision Bureau again to the hospital site inspection, its business premises outdoor advertising, signage, publicity cards and related paper, note in the enterprise name all changed to “Lintao Kang and hospital”.

VIII. Ningxia Hui Autonomous Region Market Regulatory Department Regulates and Regulates Enterprise Names. Ningxia New Union Hospital was renamed Ningxia Xiang ‘an Hospital

On July 8, 2020, the Market Supervision Bureau of Yinchuan City in Ningxia Hui Autonomous Region inspected the new Ningxia Union Medical College Hospital to verify its unauthorized relationship with Peking Union Medical College Hospital. In view of the non-standard name of Ningxia New Union Medical College Hospital, the law enforcement officers introduced laws and regulations to the head of the hospital, emphasizing that in the social background where intellectual property rights are increasingly protected, the foundation for the long-term development of the hospital is to create its own brand and reputation. At the end of July 2020, the new Ningxia Union Medical College Hospital was renamed Ningxia Xiang ‘an Hospital. On November 10, 2020, law enforcement officers rechecked the hospital and verified that the logo used by the hospital, outpatient cases, charging official seal, inpatient seal, prescription pad and car body advertisement had all been renamed as Ningxia Xiang ‘an Hospital.

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