Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRM

Email: zhu.yingying@mdlaw.cn

Published: January 17, 2024

China has a multiagency system for protecting geographical indication (GI) products. GIs can be registered as collective or certification trademarks before the China National Intellectual Property Administration (CNIPA). GI products can also gain protection from the former General Administration of Quality Supervision, Inspection and Quarantine. Primary products produced through farming can be protected as GIs of agricultural products before the Ministry of Agriculture and Rural Affairs. This multiagency system has proven to be burdensome, inconvenient, and sometimes confusing, especially to foreign GIs.

To address resounding calls for reform, on September 18, 2023, CNIPA released the Draft Provision on the Protection of Geographical Indication Products (Draft GI Products Provision), with public opinions solicited until November 2, 2023.

The Draft GI Products Provision includes these four highlights:

1. Government agencies in charge: CNIPA is responsible for the national administration and protection of GI products and signs and will uniformly accept and examine applications for the protection of GI products and identify GI products. Local intellectual property management departments are responsible for the management and protection of GI products and signs within their respective administrative orbits.

2. Management responsibilities of applicants and obligations of producers: The Draft sets out that after being granted GI protection, applicants shall take measures to manage the use of GI product names and signs, product characteristics, and quality. Producers within the place of origin shall organize production in accordance with corresponding standards, while those who cannot produce up to the standards will have their use of the GI canceled.

3. Streamlining standards and procedures for reviewing GI products: The draft provides that GI products should be authentic, with regional characteristics unique and relevant to their place of production. It lists circumstances under which protection will not be granted and further clarifies the requirements and procedures for oppositions and cancellations.

4. Strengthening protection of GI products: It stipulates situations that constitute infringement of GI products and gives the agencies responsible for the enforcement of GIs the authority to order the cessation of illegal acts and impose fines.

The Draft GI Products Provision’s proposal of a unified administration approach and improved standards and procedures for the protection of GI products will lead to greater efficiency and fairness, ultimately fostering the growth of domestic and foreign GI products.

This article is reproduced from：International Trademark Association

Original link：https://www.inta.org/perspectives/law-practice/china-cnipa-proposes-new-provision-for-protection-of-gi-products/

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