Should be recognized as commercial advertising
According to Article 21 of the "Measures for the Administration of Printed Advertisements" promulgated by the State Administration for Industry and Commerce in 2004: "Invoices, packaging, decoration and product instructions, etc. contain For advertising content, the relevant content shall be managed in accordance with these measures.” The bureau’s “Notice on Issues Concerning the Supervision of Advertising on Commodity Packaging” (Gongshang Guangzi [2005] No. 173) further states: “In the packaging of commodities, except for the national Text, graphics, images, etc. other than matters that must be marked according to the standard, if they meet the characteristics of commercial advertising, can be regulated and supervised according to the provisions of the Advertising Law. ”
According to the above legislative background information and the regulations of the State Administration for Industry and Commerce. , normative documents, "commercial advertising" shall refer to the information widely advertised by commodity operators or service providers for the purpose of profit, directly or indirectly through certain media or forms to promote goods or services, and the delivery of this information to the public promotional activities. The advertising media or forms here include product packaging and decoration, and product manuals. Manufacturers mark patent application information on their products or their packaging and product manuals, which objectively produces the effect of publicity and introduction that their products use the technology or design for which patents are being applied for. Subjectively, this is intended to attract the relevant public to the company. product attention to promote the product. Therefore, marking patent application information on products, product packaging, and product manuals should be considered commercial advertisements and fall within the scope of the Advertising Law.