On September 14, 2020, China, Germany and the European Union formally signed the "Agreement between the Government of the People's Republic of China and the European Union on the Protection and Cooperation of Geographical Indications". With the signing of the Agreement, we believe that a new trade situation will be formed between China, the EU and Germany in the future in terms of mutual recognition of geographical indications products. According to the agreement: the geographical indications included in the agreement will enjoy a high level of protection, and both parties can use the official geographical indications of both sides. So, what are the requirements for the use of official geographical indications for food and agricultural products in China?

In order to understand the requirements for the use of official geographical indications for food and agricultural products in China, it is necessary to mention the evolution of the relevant management bodies, since the reform and reorganization of the institutions have also led to changes in the current management in this area.

1. The evolution of management organization of geographical indication products in China

On April 7, 2020, the State Intellectual Property Office issued the “Administrative Measures for the Use of Geographical Indications (Trial)” (hereinafter referred to as the Measures) to further strengthen the protection of geographical indications in China, unify and standardize the use of geographical indications. The Measures took effect from the date of issuance. The promulgation of the Measures is to implement the requirements of the CCP Central Committee's "Deepening the Reform of Party and State Institutions" on the unified identification of geographical indications, and is also accompanied by the reform and reorganization of regulatory agencies. Moreover, the Measures integrate the responsibilities of the former State Intellectual Property Office (SIPO), the trademark management responsibilities of the former State Administration for Industry and Commerce (SAIC), and the geographical indication of origin management responsibilities of the former General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), and the SIPO is re-established under the management of the State Administration of Market Regulation (SAMR). Thus, along with the formation of the new State Intellectual Property Office, a new unified geographical indications protection mark was formed.

The Measures stipulate that the transitional period for the use of the original relevant geographical indications will expire on December 31, 2020. Products produced before December 31, 2020 using the original geographical indications may continue to circulate in the market.
So, what are the geographical indications that may still be in circulation?

2. Current Official Symbols of Geographical Indications in China

Until the end of the transitional period described in the Measures, geographical indications for products in circulation in the market should be divided into three categories: those regulated by the former SAIC (see Figure 1 for details), the former AQSIQ (see Figure 2 for details), and the Ministry of Agriculture (see Figure 3 for details), respectively.





What products are covered by each of the three official geographical indications? We need to consult the regulatory documents issued by the various authorities for our analysis.

(1) The former SAIC

“Geographical indications in the measures for the registration and administration of collective trademarks and certification marks” (No. 22 of the director general's decree) are applicable to goods (including services) and used as collective trademarks /certification marks of goods. The mark proving the origin of goods or services is included in the scope of trademark protection as a type of certification trademark.

(2) The former AQSIQ

The Provisions for the “Protection of Geographical Indication Products” (No. 78 of the AQSIQ Decree) stipulates that: ...Geographical indication products include:

(I) products of cultivation and breeding from the region;

(II) products whose raw materials are wholly or partly from the region or from other regions, and which are produced and processed in the region according to a specific process.

(3) The former Ministry of Agriculture

Geographical indications of agricultural products, as referred to in the “Measures for the Administration of Geographical Indications of Agricultural Products” (Decree No. 11 of the Ministry of Agriculture), are unique agricultural product indications which indicate that the agricultural products originate from a specific region, the product quality and relevant characteristics mainly depend on the natural ecological environment and historical and humanistic factors, and such products are named after the region.

From the above-mentioned authorities' management of different types of geographical indications products, we can find that the existing geographical indications protection in China is three systems in parallel, but the overall top-level design and coordination are not enough. Furthermore, because the registration of geographical indications by the departments in charge is overlapping, the phenomenon of repeated registration and multiple protection inevitably occurs, and there are multiple management and repeated law enforcement in supervision. Therefore, it is difficult to unify, coordinate and standardize the geographical indications protection products market.

In the future, after the end of the transitional period described in the Measures, what will be the unified official geographical indications mark in China? How to mark it?

3. Geographical indications protect official sign after 31 December 2020

The Measures make it clear that: a Geographical Indication Exclusive Sign is an official sign applicable to geographical indication products produced in accordance with relevant standards, management norms or usage management rules. For the geographical indications of protected products and geographic indications registered as a collective trademark or certification trademark using Geographical Indication Exclusive Sign, the unified social credit code should be marked in the designated location of the Geographical Indication Exclusive Sign. For the foreign geographical indications of protected products using Geographical Indication Exclusive Sign, dealer unified social credit code should be marked in the designated location of the Geographical Indication Exclusive Sign.

(1) Marking requirements

Where a Geographical Indication Exclusive Sign is used for a product protected by a geographical indication, the Geographical Indication Exclusive Sign and the geographical indication name shall be used together, and the product label or package shall be marked with the geographical indication standard code or approval announcement number. If a geographical indication registered as a collective trademark or certification trademark uses a Geographical Indication Exclusive Sign, the Geographical Indication Exclusive Sign and the collective trademark or certification mark shall be used simultaneously, and the trademark registration number shall be added.

(2) Vector diagram

The vector diagram (see Figure 4 for details) can be scaled and the markings shall be clear and legible, and the shape, composition, font, ratio and color value of the Geographical Indication Exclusive Sign shall not be changed.



The Measures also shows the labeling methods of Geographical Indication Exclusive Sign that can be used by legal users, including traditional engraving and branding, and can also be used in Internet sites such as e-commerce websites, WeChat, WeChat public account, Sina Weibo, QR code, mobile phone applications, etc.

based on the above introduction, the Measures did not explicitly replace the public signs of geographical indications for agricultural products. Therefore, in the future, Geographical Indication Exclusive Sign for agricultural products may still be accompanied by the market circulation of products. With the deepening and extensive mutual recognition and cooperation between China and EU and other organizations/countries in the field of geographical indication products protection, geographical indications, as a globally accepted intellectual property category and geographical indication, will help Chinese products to “go abroad and enter the world”. At present, the cooperation between China and the EU in agriculture is more and more extensive. Therefore, in the next issue, FoodMate will share the theme around the requirements for authorized use of Agricultural Geographical Indications in China and Europe. Please look forward to it.

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