Announcement Concerning the Promulgation of Measures for the Administration of the Use of Special Geographical Indications (Trial) (No.354)

State Intellectual Property Office Announcement

No. 354

　　 In order to strengthen the protection of geographical indications in my country, unify and standardize the use of special geographical indications, the "Administrative Measures for the Use of Special Geographical Indications (Trial)" was formulated. It is hereby released and will take effect from the date of release.

  Special announcement.

  State Intellectual Property Office

　　 April 3, 2020

Measures for the Administration of the Use of Special Geographical Indication Signs(Trial)

Article 1 In order to strengthen the protection of geographical indications in my country, unify and standardize the use of special signs for geographical indications, in accordance with the "General Principles of the Civil Law of the People's Republic of China", "Trademark Law of the People's Republic of China", "Product Quality Law of the People's Republic of China", "Standardization Law of the People's Republic of China" The Regulations for the Implementation of the Trademark Law of the People's Republic of China, the Regulations on the Protection of Geographical Indication Products, the Measures for the Registration and Management of Collective Marks and Certification Marks, and the Measures for the Protection of Foreign Geographical Indication Products, formulate these measures.

　　 Article 2 The “special geographical indications” mentioned in these Measures refer to the official signs applicable to geographical indication products produced in accordance with relevant standards, management norms or use management rules.

　　Article 3 The State Intellectual Property Office is responsible for uniformly formulating and issuing requirements for the management of the use of special geographical indications, and organizing the implementation of supervision and management of the use of special geographical indications. Local intellectual property management departments are responsible for the daily supervision of the use of special geographical indication signs.

　　 Article 4 Legal users of special geographical indications shall follow the principle of good faith and perform the following obligations:

　　 (1) Organize the production of geographical indication products in accordance with relevant standards, management practices and use management rules;

　　 (2) In accordance with the requirements for the use of special geographical indications, standardized marking of special geographical indications;

　　 (3) Timely disclose to the public and regularly report the use of geographical indication special signs to the local intellectual property management department.

　　 Article 5 The legal users of the special geographical indications include the following subjects:

　　 (1) Producers who have been approved to use the special marks of geographical indication products by public announcement;

　　 (2) A collective member of a registrant whose geographical indication has been announced as a collective trademark registration;

　　 (3) Licensees of geographical indications registered as certification trademarks that have been publicly registered;

　　 (4) Other users registered with the State Intellectual Property Office.

　　 Article 6 The requirements for the use of special geographical indications are as follows:

　　 (1) Products protected by geographical indications and geographical indications registered as collective trademarks or certification trademarks using special geographical indication signs shall be marked with a unified social credit code at the designated location of the geographical indication special signs. Where foreign products protected by geographical indications use special geographical indications, the distributor’s unified social credit code shall be marked in the designated position of the geographical indication special signs. The pattern is as follows:

(2) Where a product protected by a geographical indication uses a special geographical indication, the special geographical indication and the name of the geographical indication shall be used at the same time, and the implemented geographical indication standard code or approval announcement number shall be marked on the product label or packaging.

　　 (3) Where the special geographical indication is used as a geographical indication registered as a collective trademark or certification trademark, 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 Legal users of special signs for geographical indications may download the vector graphics of basic patterns from the official website of the State Intellectual Property Office. The vector diagrams of the special signs for geographical indications can be scaled and scaled, and the annotations should be clear and readable. The shape, composition, text font, ratio of pictures and texts, color values, etc. of the special signs shall not be changed.

　　Article 8 The marking methods of geographical indications that can be used by legal users of special signs of geographical indications are:

　　 (1) Attach the geographical indication special sign to the product itself, product packaging, container, label, etc. by direct attachment, marking, branding or weaving;

　　 (2) Used on product additional labels, product manuals, introduction manuals, etc.;

　　(3) Use in radio, television, publicly issued publications and other media, including advertisements for geographical indications by billboards, postal advertisements or other advertising methods;

　　 (4) Use in exhibitions and expositions, including printed materials and other materials that use special geographical indication signs provided at exhibitions and expositions;

　　 (5) Use of geographical indication special signs on e-commerce websites, WeChat, WeChat official accounts, Weibo, QR codes, mobile applications and other Internet carriers;

　　 (6) Other marking methods that comply with laws and regulations.

Article 9: If the legal user of the geographical indication special sign fails to organize the production according to the corresponding standards, management regulations or relevant use management rules, or fails to use the special sign on the geographical indication protection product within 2 years, the intellectual property management department shall stop its geographical indication Qualifications for the use of special signs.

Article 10 For those who use or forge special geographical indications without public notice; or use names or logos that are similar to the special geographical indications and are easily misunderstood, as well as text or pattern signs that may mislead consumers, so that consumers can use the product Misunderstanding of geographical indications will be investigated and handled by the intellectual property management department and relevant law enforcement departments in accordance with laws, regulations and relevant regulations.

　　 Article 11 Provincial-level intellectual property management departments shall strengthen the daily supervision of the use of special geographical indications in their jurisdictions, and regularly report the use and supervision information of the previous year to the State Intellectual Property Office. Encourage the use of geographical indication special signs 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 is December 31, 2020. Products using the original logo produced before December 31, 2020 can continue to circulate in the market.

　　 Article 13 The State Intellectual Property Office is responsible for the interpretation of these Measures.

　　 Article 14 This method shall be implemented from the date of promulgation.