CHINA

• ROLE PLAYED BY GEOGRAPHICAL INDICATION CHINA:
  • • GI is a source indicator informing consumers about a product’s origin from a certain place.
    • GI confirms certain special charact

    Applications for registration of GIs are filed with the Trademark Office at SIPO

• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN CHINA

  • GIs in China are protected by way of the following:

    1. Trademark Law
    2. The Provisions on the Protection of Geographical Indication Products 3.
    3. Measures for Administration of Geographical Indications of Agricultural Products
    4. Unfair Competition Law, Product Quality Law, Consumer Rights Law.

    The above laws are administered by the following departments:

    • The Trademark Office (TMO)
    • The State Administration of Quality Supervision Inspection & Quarantine (AQSIQ)
    • The Ministry of Agriculture of China (MOA)

    GIs under the Trademark Law are protected as:

    1. Certification Marks
    2. Collective Marks
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE CHINA

  • Geographical Indications are not protectable if:

    • they are immoral or against public order;
    • GIs likely to mislead the public with respect to the place of oriin of the goods;
    • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
    • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
    • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
• REQUISITES TO BE GEOGRAPHICAL INDICATION CHINA

  • Applications are to be filed with the TMO. The following requisites are to be met while filing applications for registration of GIs:

    1. Applications to register certification and collective marks must include the standards and regulations relevant to the use of the mark.
    2.  Documents along with the application must state the following:  
    • The relationship between those characteristics and the natural or human factors of the area encompassed by the GI
    • The goods that the GI will identify
    1. The regulations that govern the use of the mark.
    2. The mark’s purpose the quality to which it pertains.
    3. Conditions & Procedures for use, rights and obligation entailed by use, liability faced by a user for misuse.
    4. Systems in place for inspection and supervision of the goods to which the mark applies.
• WHO CAN FILE GEOGRAPHICAL INDICATION CHINA

  • Following are the kinds of applicants eligible to file applications for registration of GIs:

    1. Agricultural Industry Associations.
    2. Farmers Professional Co-operative organisations.
• EXAMINATION OF GEOGRAPHICAL INDICATION CHINA

  • Objections to GI applications may be filed by trademark owners or by applicants whose trademark applications are pending registration.

    Interested parties have 5 yrs. from the date of registration of the GI to request cancellation of marks containing misleading GIs.

    Further, non-usage of GIs continuously for 3 yrs. may lead to cancellation.

• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION CHINA

  • Applications complying with all formal requirements are preliminarily approved by the TMO. If there is no opposition within 3 months of filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered. All authorised users of GI are entitled to use a special representation made available by the State Administration of Industry & Commerce (SAIC).

    Duties of Registrants:

    Certification mark registrants must inform TMO if it allows another party to use its marks. Collective mark registrants must inform TMO of all changes made in membership.

• USAGE OF GEOGRAPHICAL INDICATION CHINA
• Cost of Registration of Trademarks