Introduction
Legislation
Accreditation
Enforcement
Information exchange
International treaties
On 21 May 2021 the China National Intellectual Property Administration and the State Administration for Market Regulation released Guiding Opinions on Further Strengthening the Protection of Geographical Indications (the opinion).
The opinion will ramp up efforts in the areas of legislation, accreditation and administrative enforcement of geographical indications (GIs), among others. It contains the following provisions.
The opinion vows to:
- connect the recognition of GI products with the registration of certification and collective GI trademarks;
- promote the protection of GIs and plant and animal varieties; and
- enhance the protection of primary agricultural products, processed food products, geo-authentic crude drugs and traditional handicrafts.
The opinion vows to:
- promote data exchange, information disclosure and resource sharing in respect of the accreditation of GI products;
- promote the registration of collective or certification GI trademarks;
- research and improve the accreditation rules of GIs;
- establish unified criteria in accrediting GIs; and
- define the geographical protection scope.
The opinion vows to:
- fight manufacturing or distribution acts that involve counterfeit or unauthorised use of GIs; and
- standardise the use of GIs in advertising and promotional campaigns and on product packaging.
The opinion will specifically focus on curbing acts that piggyback on the goodwill of GIs, such as paraphrasing, transliterating or literally translating a GI, or using an identical or similar goods description indicating that the product is a variety, category or replica of a GI product or is of a certain style of GI product. It will also promote the connection of administrative enforcement with criminal prosecution and civil litigation involving GIs.
A mechanism is expected to be established between the protection system and business name administration system for GIs. This will allow the inclusion of relevant GI fields in the National Enterprise Name Normative Administration System. Businesses hoping to use a GI field in their name must reach an agreement with, or obtain approval from, the GI owner; and
The opinion vows to fulfil the obligations of the international treaties to which China accedes, such as:
- the EU-China bilateral Agreement on the cooperation on, and protection of, GIs;
- the Economic and Trade Agreement between the government of the United States Of America and the government of the People's Republic Of China; and
- the Regional Comprehensive Economic Partnership Agreement.
For further information on this topic please contact Nan Jiang or Huimin Qin at Wanhuida Intellectual Property by telephone (+86 10 6892 1000) or email ([email protected] or [email protected]). The Wanhuida Intellectual Property website can be accessed at www.wanhuida.com.