new regulations on GI protection out for comment

context: Upgrades of IP legislation are underway following up on new plans for IPR protection.  GI agreements are also deepening. The new measure will adapt ‘Regulations on GI products protection’ formulated in 2005 to the Civil Code’s requirements.

 

CNIPA (National Intellectual Property Administration) released ‘Draft regulations on GI (Geographical Indicators) protection’ on 24 Sep 2020 for public comment until 24 Oct 2020. The Regulations outline

  • adjusting the regulations' name and overall framework
    • adjusting the regulations from six to seven chapters, namely
      • general provisions
      • application
      • review and recognition
      • revocation and change
      • management
      • use
      • legal liabilities
    • expanding the original 28 provisions to 42
  • clarifying rights and obligations of multiple parties
    • applicants: producer associations or protection application organisations designated by people's governments at or above the county level
    • rights and obligations of GI applicants and product producers
  • circumstances where GI protection is not granted
  • optimising GI application and review procedures
    • combining application procedures
    • appealing application rejections and reexamination results
  • strengthening GI protection
    • linking up with Product Quality Law
    • market supervision and management departments stopping and fining GI infringements outside place of origin
  • strengthening GI product quality supervision responsibilities
    • local people's government where place of origin is located are to set up and implement
      • GI product standard system
      • testing system
      • quality assurance system
    • local IP management departments conducting daily supervision
    • penalties for applicants and producers when they fail to fulfil relevant obligations
  • coordinating GI protection at home and abroad
    • handling GI applications by foreigners, foreign enterprises or other foreign organisations in accordance with the Regulations