Detailed Rules for the Protection of Geographical Indication Products

Article 1 of the Provisions on the Protection of Geographical Indication Products is formulated in accordance with the Product Quality Law of the People's Republic of China, the Standardization Law of the People's Republic of China, the Import and Export Commodity Inspection Law of the People's Republic of China, and other relevant provisions in order to effectively protect China's geographical indication products, standardize the use of geographical indication product names and special signs, and ensure the quality and characteristics of geographical indication products.

Article 2 The term "geographical indication product" as used in these provisions refers to a product that is produced in a specific region, has a quality, reputation or other characteristics that essentially depend on the natural and human factors of the place of origin, and is named after examination and approval. GI products include:

1) Planting and breeding products from the region.

2) Products whose raw materials are wholly or partly from other regions and are produced and processed in accordance with specific processes in the region.

Article 3 These Provisions shall apply to the acceptance, examination and approval of applications for geographical indication products, registration and supervision and management of special geographical indication products.

Article 4 The General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (hereinafter referred to as the "General Administration of Quality Supervision, Inspection and Quarantine of the State Service Kuanjia") shall unify Youtansui and manage the protection of geographical good fortune sign products across the country. Local entry-exit inspection and quarantine bureaus and quality and technical supervision bureaus (hereinafter referred to as local quality inspection agencies) shall carry out the protection of geographical indication products in accordance with their functions.

Article 5 The application for the protection of geographical indication products shall be reviewed and approved in accordance with these provisions. The use of special signs for geographical indication products must be registered in accordance with these provisions and subject to supervision and management.

Article 6 The protection of geographical indication products shall follow the principles of voluntary application, acceptance and approval of disclosure.

Article 7 The products applying for the protection of geographical indications shall meet the requirements of safety, health and environmental protection, and the products that may cause harm to the environment, ecology and resources shall not be accepted and protected.

Measures for the Management of the Construction of the National Geographical Indication Product Protection Demonstration Zone" are as follows:

1. The construction of the demonstration zone should focus on the protection of local advantages and characteristics and the geographical indications with high added value after deep processing, and give priority to the selection of geographical indications that inherit historical and cultural skills and are expected to achieve greater economic, social and ecological benefits.

2. The application of the demonstration zone shall meet the following conditions:

1) Recognized as a geographical indication. In the demonstration zone, the time for obtaining the protection of geographical indication products or the registration of geographical indication as a collective trademark or certification trademark has been more than 3 years.

2) It has industrial advantages. High visibility, large industrial scale, high annual sales or export value, the number of users of special geographical indications reaches more than 60% of the total number of producers in the region, and the output value of enterprises using special geographical indications reaches more than 60% of the output value of relevant industries in the region.

3) Regulate integrity and law-abiding. The relevant geographical indication product production enterprises in the demonstration area are standardized, honest and law-abiding, and have not had major product quality, safety and health, environmental protection and other liability accidents within 3 years, and have not been compromised by relevant departments such as supervision and law enforcement.

4) Continuous policy guarantee. The field to which the protection object of the demonstration zone belongs shall be the scope of encouragement or key support of the development plan, and a clear guarantee policy, working mechanism, supervision and assessment and incentive measures for the protection of geographical indications shall be issued Article 5 The construction of the demonstration zone shall be based on the protection of local advantageous characteristics and geographical indications with high added value after deep processing, and priority shall be given to the geographical indications that inherit historical and cultural skills and are expected to achieve greater economic, social and ecological benefits.

Legal basis]:

Article 1 of the Administrative Measures for the Construction of National Geographical Indication Product Protection Demonstration Zones.

These Measures are formulated in order to comprehensively strengthen the protection of intellectual property rights, strengthen the protection of geographical indications, deepen the management of geographical indications and upgrade the management of geographical indications, promote the construction of national demonstration zones for the protection of geographical indication products (hereinafter referred to as demonstration zones), stimulate the enthusiasm for protection, promote protection and management experience, and serve the high-quality development of the economy and society.

Article 2. The demonstration zone referred to in these Measures refers to the geographical indication recognized by the State Intellectual Property Office as the object, with a large industrial scale, significant social and economic benefits, a high level of protection, a sound system, a perfect mechanism, standardized management, distinctive product characteristics, high visibility, and a role in demonstrating, leading and promoting the protection of domestic geographical indications. Demonstration areas may demonstrate the protection of one or more geographical indications.

In order to protect a geographical indication, an application for protection is required. The application for the protection of geographical indication products shall be submitted by the application institution for the protection of geographical indication products designated by the local people** at or above the county level or by the associations and enterprises recognized by the people**, and the opinions of the relevant departments shall be solicited. Where a foreigner, a foreign enterprise or other foreign organization applies for a geographical indication, it shall be handled in accordance with the agreement signed between the country to which it belongs and China or the international treaty to which it is a party, or in accordance with the principle of reciprocity and in accordance with these Provisions.

1. The registration process of the appellation of origin.

1. Application acceptance.

2. Inspection and audit (preliminary and final review).

3. Registration and issuance.

4. Supervision and management.

To apply for the registration of a geographical indication, the applicant must fill in the Application Form for Registration of an Appellation of Origin and provide the following information:

a) the scope of origin to which it applies;

2) Raw materials, production processes, processes, and main quality characteristics used in production or formation;

3) The quality of the products produced and the relevant information of the geographical environment (natural factors, human factors or combinations);

4) Other relevant materials required by the inspection and quarantine authorities.

After accepting the application for geographical indication, the inspection and quarantine authority shall conduct an evaluation according to the following principles:

1) The name of the product shall consist of the geographical name of its origin and the generic product name reflecting its true attributes;

2) The quality, taste, characteristics, characteristics and reputation of the product can reflect the natural environment and human factors of the place of origin, and have stable quality, long history and prestige;

3) In the production of traditional process production or special traditional production equipment production;

d) its origin is recognized, consensual and confirmed.

The Geographical Indication (Geographical Indication of Origin) product protection system, also known internationally as the Appellation of Origin or Geographical Indications, serves as a common rule among WTO members. Legal basis]:Article 21 of Chapter 5 of the Provisions on the Protection of Geographical Indication Products Local quality inspection agencies shall protect products protected by geographical indications in accordance with the law. For the unauthorized use or forgery of the name of the geographical indication and the special mark; If it does not conform to the standards and management specifications of the geographical indication product, it is necessary to use the name of the geographical indication product in order to defend and change the historical requirements; or the use of names or logos that are similar to special signs and easily misleading, as well as words or graphic signs that may mislead consumers, so that consumers mistakenly believe that the product is protected by geographical indications, the quality and technical supervision department and the entry-exit inspection and quarantine department will investigate and deal with it in accordance with the law.

Social groups, enterprises and individuals may supervise and report.

Article 22 The local quality inspection institutions shall supervise and manage the scope of origin, product name, raw materials, production technology, quality characteristics, quality grade, quantity, packaging, identification, printing, distribution, quantity and use of special product signs, product production environment, production equipment, and product standard compliance of geographical indication products.

Article 23 If a producer who is qualified to use the special indication for geographical indication products fails to organize the production in accordance with the corresponding standards and management norms, or fails to use the special indication on the protected geographical indication product within two years, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China will cancel the registration of the use of the special indication for the geographical indication product, stop the use of the special indication for the geographical indication product and make an announcement.

Article 24 In violation of these provisions, the administrative department of quality and technical supervision and the entry-exit inspection and quarantine department shall impose administrative penalties in accordance with the Product Quality Law of the People's Republic of China, the Standardization Law of the People's Republic of China, the Import and Export Commodity Inspection Law of the People's Republic of China and other relevant laws.

Article 25 Personnel engaged in the protection of geographical indication products shall be loyal to their duties, act impartially, and shall not abuse their powers, abuse their power for personal gain, and shall not divulge technical secrets. Anyone who violates the above provisions shall be subject to administrative disciplinary sanctions; where a crime is constituted, criminal responsibility is pursued in accordance with law.