Geographical Indications Law in China
China has established a comprehensive legal framework for the protection of Geographical Indications (GIs), aiming to safeguard the unique qualities and reputations of products linked to specific regions.
🇨🇳 Legal Framework for GI Protection
The primary legislation governing GIs in China is the Measures for the Protection of Geographical Indication Products, which came into effect on February 1, 2024. This legislation, comprising seven chapters and 36 articles, supersedes the earlier Provisions on the Protection of Products of Geographical Indication established in 2005. The new measures are designed to enhance the accreditation, management, and protection of GI products, promoting regional specialty industries, cultural heritage, and rural revitalization
🔍 Key Features of the Measures
Definition and Accreditation: The Measures define GI products as those originating from a specific geographical region, possessing qualities, reputation, or characteristics attributable to that origin. The China National Intellectual Property Administration (CNIPA) is responsible for receiving, examining, and accrediting GI products.
Opposition and Cancellation Procedures: The Measures introduce formal procedures for opposing new GI registrations and for canceling existing ones under certain conditions, such as if the product becomes generic or deceptive. These procedures aim to ensure transparency and fairness in the GI system.
Protection Measures: The legislation outlines significant enforcement powers for the CNIPA, including the authority to immediately stop illegal activities and seize illegal proceeds. Serious violations may incur fines up to five times the illegal gains, with a maximum fine of 100,000 yuan. This strengthens the protection of GI products against misuse and counterfeiting.
🌐 International Cooperation
China has actively engaged in international agreements to protect GIs. Notably, the EU-China Agreement on the Protection of Geographical Indications, which entered into force on March 1, 2021, protects around 200 iconic European and Chinese agri-food names against imitation and usurpation. The agreement includes products such as Champagne, Feta, and Irish whiskey from the EU, and Pixian Dou Ban (bean paste), Anji Bai Cha (white tea), and Panjin Da Mi (rice) from China.
📊 GI Statistics and Economic Impact
As of the end of August 2024, China had approved 2,523 GI products and registered 7,385 GI trademarks. The direct annual output value of GI products surpassed 961 billion yuan (approximately 133.7 billion USD) in 2023, reflecting the significant economic contribution of GIs to China's economy.
✅ Summary
China's legal framework for the protection of GIs is robust and evolving, with the recent implementation of comprehensive measures to enhance accreditation, management, and enforcement. The country's active participation in international agreements further underscores its commitment to safeguarding the uniqueness and quality of its regional products.
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