Recently, the Ministry of Communications announced the "Administrative Measures for the Implementation of the Disclosure of Automobile Maintenance Technology Information (Draft for Comment)" (hereinafter referred to as the "Measures"), which is to promote the auto repair industry announced by the Ministry of Communications on September 18 last year. The first detailed implementation of the guidelines for the transformation and upgrading of service quality will enable consumers to understand the car clearly.
Car maintenance and dysentery have a long history. What kind of consideration is the disclosure of this maintenance technical information based on? What aspects do car producers need to disclose information about? Are there any disputes and problems? How to monitor the effect? To this end, our reporter interviewed Xu Shuquan, the director of the Vehicle Technology Support Research Department of the Highway Science Research Institute of the Ministry of Transport, who was one of the drafters of the "Measures". He said that the "Measures" aim to promote fair competition in the automobile maintenance industry and increase according to China's national conditions. Information disclosure on vehicle safety.
â– Drawing on successful experiences in Europe and the United States to promote fair competition It is understood that there are currently more than 440,000 auto repair companies nationwide, including 4,000 4S stores. Because of the non-public status of vehicle maintenance information, 4S stores accounting for less than 5% of the total number of industries account for 60% of the industry's maintenance resources. Other maintenance companies cannot obtain maintenance information and accessories from formal channels, making it difficult to carry out maintenance services. There is no guarantee that the maintenance burden of consumers will be increased to some extent.
Xu Shuquan said that the EU has enacted a set of laws and implementation guidelines such as the "Automobile Industry Exemption Regulations", which clearly stipulates that automakers disclose open vehicle maintenance technical information and related access methods; Japan requires automakers to provide inspection and maintenance to auto users. Required technical information and on-board OBD diagnosis, maintenance and repair information.
Xu Shuquan said: "In order to promote the transformation and upgrading of the automobile maintenance industry and improve the service quality, the Ministry of Transport has repeatedly used the successful experience of foreign countries such as Europe, America and Japan to cooperate with the European Chamber of Commerce, the Japan Automobile Industry Association and China's main engine factory. Maintenance companies, industry associations, etc. communicated and formulated the "Measures."
■Increased security content protection intellectual property rights Xu Shuquan said that although the “Measures†draw on the successful experience of Europe and the United States, they also have Chinese characteristics. In Europe, the United States, Japan and other countries, the relevant regulations and standards for automobile maintenance information disclosure are based on environmental protection emissions, and require automobile producers to disclose maintenance and maintenance information related to emissions. In addition to the need to disclose maintenance information related to emissions, the Exposure Draft also adds information on vehicle safety. Xu Shuquan said: "Considering China's national conditions, a considerable number of traffic safety accidents are caused by improper vehicle maintenance every year. Therefore, the "Measures" specifically increase the disclosure of vehicle safety information."
The automobile maintenance information disclosure breaks the state of the original information closure, which will inevitably touch the interests of the original parties. The special increased security content is different from the foreign practice. How to define whether there is intellectual property infringement becomes one of the “roadblockers†of information disclosure . Xu Shuquan introduced that the main engine factory is more cooperative with the public maintenance technical information, but there is some controversy in the information disclosure content. To this end, the draft of the consultation draft provides information on the vehicle anti-theft control system programming settings, car producers' trade secrets, intellectual property rights, etc., which can be exempted from disclosure; in the case of intellectual property identification, the consultation draft specifies two uses, namely maintenance Use and commercial use. The user may use the disclosed repair information for maintenance purposes for a fee; the user may not use the acquired repair information for commercial purposes without the authorization of the automobile manufacturer.
In the appendix of the Measures, the catalogue of vehicle maintenance technical information to be disclosed is also listed. "This directory is a dynamic directory, and subsequent adjustments will be made based on feedback and specific implementation." Xu Shuquan said.
â– The establishment of an expert committee to carry out supervision and supervision of the "Measures" provisions, the implementation of online information disclosure system for vehicle maintenance technical information. In principle, car producers provide maintenance technical information to users by establishing information disclosure websites directly or by authorizing third-party agencies. Enterprises that import automobile products from outside China to domestic sales are regarded as automobile producers. It is also necessary to disclose information related to vehicle maintenance according to the relevant requirements of the draft for comments.
Regarding the implementation effect of information disclosure, Xu Shuquan introduced that the Ministry of Transport will entrust relevant agencies to be responsible for the specific work of open management of automobile maintenance technical information, and at the same time set up an expert advisory committee, which is composed of relevant technical departments, industry associations, mainframe factories and other relevant experts. To form and carry out supervision and inspection work, including regular inspections of information disclosure, acceptance and acceptance of various reports, and coordination of intellectual property infringement issues.
Xu Shuquan said: "At the same time as the maintenance information is disclosed, the China Automobile Maintenance Industry Association is taking the lead in formulating relevant standards for the identification of homogeneous parts. After the introduction of these relevant policies, the "Measures" can play a role in breaking the monopoly from emissions and safety information. ."
Public maintenance technical information and homogenous accessories are identified as “two-pronged approach†in order to improve the market environment for vehicle maintenance, guarantee maintenance quality, reduce maintenance prices, and truly serve consumers and benefit the people.
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