Announcement on the Promulgation of the Administrative Measures for the Use of Special Geographical Indications (Trial Implementation) (No. 354)
Release Time：
2020-04-07
State Intellectual Property Office announcement
Third, fifth and fourth
In order to strengthen the protection of geographical indications and unify and standardize the use of special geographical indications, the Administrative Measures for the Use of Special Geographical Indications (Trial Implementation) have been formulated. It is hereby promulgated and shall come into force as of the date of promulgation.
It is hereby announced.
State Intellectual Property Office
April 3, 2020
Administrative Measures for the use of special geographical indications
(trial)
Article 1 For the purpose of strengthening the protection of GEOGRAPHICAL indications in our country and unifying and regulating the USE OF SPECIAL INDICATIONS of GEOGRAPHICAL indications, In accordance with the General Provisions of the Civil Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Product Quality Law of the People's Republic of China, the Standardization Law of the People's Republic of China, the Regulations on the Implementation of the Trademark Law of the People's Republic of China, the Provisions on the Protection of Geographical Indication Products, the Measures for the Registration and Administration of Collective Trademarks and Certification Marks, and the Measures for the Protection of Foreign Geographical Indication Products, To formulate these Measures.
Article 2 The special geographical indication mentioned in these Measures refers to the official indication applicable to the geographical indication products organized and produced in accordance with relevant standards, administrative norms or the use of administrative rules.
Article 3 The State Intellectual Property Office shall be responsible for the unified formulation and promulgation of administrative requirements for the use of special geographical indications, and shall organize the implementation of supervision and administration over the use of special geographical indications. Local intellectual property management departments shall be responsible for the daily supervision of the use of special geographical indications.
Article 4 A lawful user of a special geographical indication shall abide by the principle of good faith and perform the following obligations:
(1) Organize the production of geographical indication products in accordance with relevant standards, management norms and use management rules;
(2) In accordance with the requirements for the use of special geographical indications, standardize the marking of special geographical indications;
(3) Timely publicize to the public and regularly report to the local intellectual property administration department the use of special geographical indications.
Article 5 The lawful users of special geographical indications shall include the following subjects:
(1) producers who have been approved by public announcement to use special indications for geographical indication products;
(2) a member of a collective whose geographical indication has been announced as a registered collective trademark;
(3) the licensee of the geographical indication that has been registered as a certification trademark after being announced and filed;
(4) other users registered and filed by the State Intellectual Property Office.
Article 6 The requirements for the use of special geographical indications are as follows:
(1) Where geographical indication protection products and geographical indications registered as collective trademarks or certification marks use special geographical indications, the uniform social credit code shall be marked on the designated location of the special geographical indication. Foreign geographical indication protection products using a special geographical indication should be marked in the designated location of the special geographical indication of the distributor's uniform social credit code. The drawing is as follows:
(2) Protection of geographical indications products using a special indication of geographical indication, should be used at the same time the special indication of geographical indication and geographical indication name, and the implementation of the geographical indication standard code or approval announcement number on the product label or packaging.
(3) Where a special geographical indication is used for a geographical indication registered as a collective trademark or certification mark, the special geographical indication and the collective trademark or certification mark shall be used at the same time, and the trademark registration number shall be added.
Article 7 The lawful users of special geographical indications may download the basic pattern vector map on the official website of the State Intellectual Property Office. The vector map of the special geographical indication can be scaled according to the scale, and the annotation should be clear and recognizable, and the pattern shape, composition, text font, graphic ratio, color value, etc. of the special indication shall not be changed.
Article 8 The marking methods of special geographical indications which may be adopted by lawful users of special geographical indications are as follows:
(1) Attaching special geographical indication signs to the product itself, product packaging, containers, labels, etc., by means of direct attachment, engraving, branding or weaving;
(2) Used in additional labels, product manuals, introduction manuals, etc.;
(3) Advertisements used in radio, television, publicly-issued publications and other media, including billboards, postal advertisements or other forms of advertising as geographical indications;
(4) Printed materials and other materials used at exhibitions and expositions, including those provided at exhibitions and expositions for the use of special geographical indications;
(5) The use of special geographical indications on e-commerce websites, wechat, wechat public accounts, Weibo, QR codes, mobile phone applications and other Internet carriers;
(6) Other marking methods in accordance with laws and regulations.
Article 9 Where a lawful user of a special geographical indication fails to organize production according to the corresponding standards, management norms or relevant rules for the administration of use, or fails to use a special geographical indication on a product protected by geographical indication within two years, the intellectual property administration department shall suspend its qualification for the use of a special geographical indication.
Article 10 Where a special geographical indication is used or forged without notice; Or the use of names or logos that are similar to the special geographical indication and are prone to misunderstanding, or text or pictorial signs that may mislead consumers, so that consumers mistake the product for a geographical indication, the intellectual property management department and relevant law enforcement departments shall investigate and deal with it in accordance with laws and regulations and relevant provisions.
Article 11 The provincial intellectual property administration department shall strengthen the daily supervision of the use of special geographical indications in its jurisdiction, and regularly submit the previous year's use and supervision information to the State Intellectual Property Office. We encourage the use of special geographical indications and daily supervision information to be disclosed to the public through the geographical indication protection information platform.
Article 12 The transitional period for the use of the original relevant geographical indication special indication shall be until December 31, 2020. Products produced before December 31, 2020 with the original logo can continue to circulate on the market.
Article 13 The State Intellectual Property Office shall be responsible for the interpretation of these measures.
Article 14 These Measures shall come into force as of the date of promulgation.
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