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Provisions on the protection of geographical indication products

Release Time：

2019-07-31

Order of the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China

(No. 78)

The Provisions on the Protection of Geographical Indication Products, deliberated and adopted at the Executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on May 16, 2005, are hereby promulgated and shall come into force as of July 15, 2005.

Director Li Changjiang

June 7, 2005

Provisions on the protection of geographical indication products

Chapter I General provisions

Article 1 These Provisions are 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 for the purpose of effectively protecting China's geographical indication products, regulating the use of geographical indication product names and special indications, and ensuring the quality and characteristics of geographical indication products.

Article 2 The geographical indication products mentioned in these Provisions refer to the products whose quality, reputation or other characteristics are essentially determined by the natural and human factors of the place of origin, and whose names are named by geographical names after examination and approval. Geographical indication products include:

(1) Planting and breeding products from the region.

(2) Products whose raw materials are entirely sourced from the region or partially sourced from other regions and are produced and processed in the region according to specific processes.

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

Article 4 The State General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as "AQSIQ") shall uniformly administer the protection of geographical indication products throughout the country. Local entry-exit inspection and quarantine bureaus and quality and technical supervision bureaus (hereinafter referred to as local quality inspection institutions) shall carry out the protection work of geographical indication products in accordance with their functions.

Article 5 Applications for protection of geographical indication products shall be examined and approved in accordance with these provisions. The use of special indications for geographical indication products must be registered in accordance with these provisions and subject to supervision and administration.

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

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

Chapter II Application and acceptance

Article 8 An application for the protection of geographical indication products shall be submitted by the application agency for the protection of geographical indication products designated by the local people's government at or above the county level or by the association and enterprise identified by the people's government (hereinafter referred to as the applicant), and the opinions of the relevant departments shall be sought.

Article 9 If the products applied for protection are within the county area, the people's government at the county level shall make suggestions on the area of origin; If the area is cross-county, the people's government of the prefecture or city level shall put forward suggestions on the area of origin; If the area is not within the city limits, the people's government at the provincial level shall put forward suggestions on the area of origin.

Article 10 The applicant shall submit the following information:

(1) Proposals of relevant local governments on the delineation of geographical indication products.

(2) Documents of the relevant local government establishing an application agency or identifying associations or enterprises as applicants.

(3) Supporting materials for geographical indication products, including:

1. Application for protection of geographical indication products;

2. Description of product name, category, range of origin and geographical characteristics;

3. Description of the physical, chemical, sensory and other quality characteristics of the product and the relationship between the natural and human factors of the origin;

4. Technical specifications for product production (including product processing technology, safety and health requirements, technical requirements for processing equipment, etc.);

5. Description of product popularity, product production, sales and historical origin;

(4) the technical standards of the geographical indication products to be applied for.

Article 11 An application for the protection of geographical indication products of an export enterprise shall be submitted to the entry-exit inspection and quarantine authorities under its jurisdiction. The application for protection of geographical indication products and the application for protection of other geographical indication products filed by region shall be submitted to the local quality and technical supervision department (at or above the county level).

12th provincial quality and technical supervision bureau and directly under the entry-exit Inspection and quarantine bureau, in accordance with the division of labor, respectively responsible for the proposed application for the protection of geographical indication products, and the relevant documents and materials reported to the State Quality Inspection Administration.

Chapter III Review and approval

Article 13 The AQSIQ shall conduct formal examination of the received applications. If it passes the examination, the AQSIQ will issue an acceptance notice to the public on the AQSIQ bulletin, government website and other media; If the applicant fails the examination, the applicant shall be informed in writing.

Article 14 The relevant units and individuals have objections to the application, can be submitted to the AQSIQ within 2 months after the announcement.

Article 15 The State Administration of Quality Supervision, Inspection and Quarantine shall, in accordance with the characteristics of geographical indication products, set up corresponding expert review committees to be responsible for the technical review of applications for protection of geographical indication products.

Article 16 The State Administration of Quality Supervision, Inspection and Quarantine organizes the expert review committee to carry out technical review on the application with no objection or objection but rejected. If the application passes the examination, the State Administration of Quality Supervision, Inspection and Quarantine shall issue an announcement approving the product to obtain the protection of geographical indication products.

Chapter IV standard formulation and use of special marks

Article 17 For geographical indication products to be protected, corresponding national standards, local standards or management norms shall be formulated according to factors such as the category, scope, popularity and production and sales of the products.

Article 18 The State administrative department for standardization shall organize the drafting and promulgation of national standards for products protected by geographical indications; The standardization administrative departments of the local people's governments at the provincial level shall organize the drafting and promulgation of local standards for geographical indication protection products.

Article 19 The quality inspection of geographical indication protection products shall be undertaken by the inspection institutions designated by the provincial quality and technical supervision departments and the entry-exit inspection and quarantine departments directly under them. If necessary, AQSIQ will organize reinspection.

Article 20 Producers of geographical indication products within the range of origin of geographical indication products to use special indications of geographical indication products, should submit an application to the local Bureau of quality and technical supervision or the entry-exit inspection and Quarantine Bureau, and submit the following information:

(1) Application for the use of special geographical indication products.

(2) A certificate issued by the competent department of the local government that the product is produced in a specific region.

(3) The inspection report issued by the relevant product quality inspection institution.

After the above application is reviewed by the provincial Bureau of Quality and Technical Supervision or the entry-exit Inspection and Quarantine Bureau directly under the State Administration of Quality Supervision and Quarantine, and the qualified registration is reviewed by the State Administration of Quality Supervision and Quarantine, the announcement is issued, and the producers can use the special mark of geographical indication products on their products and obtain the protection of geographical indication products.

Chapter V Protection and supervision

Article 21 Local quality inspection institutions shall protect products protected by geographical indications according to law. Unauthorized use or forgery of geographical indication names and special indications; The use of the name of the geographical indication product does not meet the requirements of the geographical indication product standards and management norms; Or the use of a name or logo similar to the special mark, which is prone to misunderstanding, or text or pattern marks that may mislead consumers, so that consumers mistake the product for a geographical indication protection product, quality and technical supervision departments and entry-exit inspection and quarantine departments will be investigated and punished according to law. Social organizations, enterprises and individuals may supervise and report.

Article 22 Local quality inspection institutions shall carry out daily supervision and administration of geographical indication products in the areas of origin, product name, raw materials, production technology, quality characteristics, quality grade, quantity, packaging, marking, printing, distribution, quantity and use of special product marks, product production environment, production equipment and product standard compliance.

Article 23 Producers who are authorized to use special indications of geographical indications products, fail to organize production according to the corresponding standards and management norms, or fail to use special indications on protected geographical indications products within two years, the State Administration of Quality Supervision, Inspection and Quarantine will cancel the registration of the use of special indications of geographical indications products, stop their use of special indications of geographical indications products and make public announcements.

Article 24 In case of violation of these provisions, the administrative department of quality and technology 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 Law of the People's Republic of China on Import and Export Commodity Inspection and other relevant laws.

Article 25 Personnel engaged in the protection of geographical indication products shall be loyal to their duties, act impartially, shall not abuse their power, use their power for personal gain, and shall not divulge technical secrets. Those who violate the above provisions shall be subject to administrative disciplinary sanctions; Those who constitute crimes shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 26 AQSIQ accepts the registration of foreign geographical indication products in the People's Republic of China and implements protection. Specific measures shall be specified separately.

Article 27 The AQSIQ shall be responsible for the interpretation of these provisions.

Article 28 These Provisions shall come into force as of July 15, 2005. The Provisions on the Protection of Products of Regional Origin promulgated by the former State Bureau of Quality and Technical Supervision shall be repealed at the same time. Where the contents of geographical indications in the Provisions on the Administration of Origin Marking and the Measures for the Implementation of the Provisions on the Administration of Origin Marking promulgated by the former State Entry-Exit Inspection and Quarantine Administration are inconsistent with these Provisions, these Provisions shall prevail.

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