CNIPA Seeks Comments on Administrative Measures for Use of Special Marks of Geographical Indications
The China National Intellectual Property Administration recently issued the Administrative Measures for Use of Special Marks of Geographical Indications (Draft for Comments) (the "Draft for Comments") for public comments. Comments solicitation has ended by now.
According to the Draft for Comments, parties having the legal right to use special marks of geographical indications shall follow the good faith principle, and organize the production pursuant to relevant standards, management norms and use management rules, and timely publish and regularly submit to the local intellectual property authority with jurisdiction the information about the use of special marks of geographical indications. Meanwhile, the Draft for Comments sets out clear requirements for the use. It is provided, for example, that for products bearing protected geographical indications, the unified social credit code, etc. shall be marked in the designated position for the special mark of geographical indications. The Draft for Comments also stipulates that where a party with the legal right to use the special mark of a geographical indication fails to organize the production in accordance with the corresponding standards, management norms or relevant use management rules, or does not use, within two years, the special mark on the products with the protected geographical indication, the intellectual property authority shall disqualify it from using the special mark of this geographical indication.
(Source: National Intellectual Property Administration)