Regulations on the administration of origin marks

Chapter I General principles

Article 1 These Provisions are formulated in accordance with the law of the people's Republic of China on import and export commodity inspection and its implementing regulations, the rules of origin of export goods of the people's Republic of China and other relevant laws and regulations, as well as the provisions of international treaties and agreements such as the agreement on rules of origin of the world trade organization, in order to strengthen the administration of marks of origin, standardize the use of marks of origin, and protect the legitimate rights and interests of producers, operators and consumers.

Article 2   these Provisions are applicable to the certification and management of marks of origin such as application, evaluation and registration of marks of origin.

Article 3 the State Administration of entry exit inspection and Quarantine (hereinafter referred to as the State Administration of inspection and Quarantine) shall be responsible for the unified management of the country's marks of origin, and shall be responsible for the formulation, organization, coordination, supervision and administration of the measures for the administration of marks of origin. The entry exit inspection and quarantine bureaus (hereinafter referred to as the inspection and quarantine institutions) of the State Administration of inspection and quarantine in various places are responsible for the acceptance, evaluation, submission for registration, supervision and administration of the application for marking of origin within their jurisdiction.

Article 4 the term "mark of origin" as mentioned in these Provisions includes the mark of the country of origin and geographical indications. Origin marking is an integral part of origin work.

Country of origin mark refers to the mark, label, mark, text, pattern and various certificates related to the origin used to indicate that a product or service comes from a country or region.

Geographical indication refers to the geographical name of a country, region or specific place, which is used to indicate that a product comes from that place, and the quality characteristics of the product completely or mainly depend on the geographical environment, natural conditions, cultural background and other factors of that place.

Article 5 the scope of use of the mark of origin includes:

（1） Products marked with "made in China / produced in China";

（2） Famous, special products and traditional handicrafts;

（3） Products applying for certification mark of origin;

（4） Goods involving safety, health, environmental protection and anti fraud;

（5） Trade in services involving marks of origin and goods purchased by the government;

（6） According to national regulations, the products of origin must be indicated.

Article 6   inspection and quarantine institutions shall implement a registration and certification system for marks of origin.

Article 7   the registration of marks of origin shall adhere to the principle of voluntary application, and the marks of origin can be protected only after registration.

Inbound products involving safety, health, environmental protection and anti fraud, as well as inbound and outbound products or services requiring the use of origin marks in accordance with China's laws, regulations and bilateral agreements, shall be handled in accordance with relevant regulations.

Article 8   the mark of origin approved and registered by the State Administration of inspection and quarantine is the mark of origin certification. The State Administration of inspection and quarantine regularly publishes the catalogue of protected products with mark of origin to facilitate the inspection, quarantine and release of products listed in the protection. All kinds of marks and labels imposed by the inspection and quarantine authorities, which have indicated the origin, can be regarded as the mark of origin. If the origin is not indicated, it shall be handled in accordance with the relevant provisions of these provisions.

Article 9   products or services that have obtained the certification and registration of the mark of origin may use the mark of origin certification, which includes patterns, certificates or other forms approved by the State Administration for inspection and quarantine.

Article 10 the principles of fairness, impartiality and openness shall be adhered to in the evaluation and identification of marks of origin.

Chapter II application, evaluation, registration and use of marks of origin

Article 11 applicants for marks of origin include organizations, organizations, production and operation enterprises or natural persons at home and abroad.

Article 12 to apply for the registration of the mark of origin of exit goods, the applicant shall apply to the local inspection and quarantine institution and submit relevant materials.

When applying for the registration of the mark of origin of entry goods, the applicant shall apply to the State Administration of inspection and quarantine and submit relevant materials.

Article 13 After accepting the application for registration, the inspection and quarantine organization shall mark the place of origin according to the relevant procedures. If it meets the requirements after review, the State Administration of inspection and quarantine shall approve the registration and regularly issue the catalogue of protected products marked with origin.

Article 14 export goods marked with "made in China" or "made in China" origin shall meet the following standards:

（1） Complete original products obtained in China;

（2） Those containing imported ingredients must meet the requirements of the rules of origin of export goods of the people's Republic of China and obtain the qualification of origin in China.

Chapter III Protection and supervision of marks of origin

Article 15 the State Administration of inspection and quarantine may, in accordance with the suggestions of relevant local people's governments and social organizations on the protection of products marked with origin, organize industry competent departments, industry associations, producer representatives and relevant experts to conduct evaluation. If they meet the requirements, they shall be listed in the catalogue of protected products marked with origin.

Article 16 products, services and their production and operation enterprises that have obtained the mark of origin certification shall be subject to the supervision and inspection of the inspection and quarantine institution.

Article 17 those who use the mark of origin in violation of these Provisions shall be investigated for legal responsibility according to law.

Article 18 personnel engaged in the work of origin marking who abuse their power, engage in malpractices for personal gain, or disclose trade secrets shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 19   if there is any objection to the application acceptance, evaluation and certification, registration, use identification and management of the mark of origin, it may submit a reexamination to the local inspection and quarantine institution or the state inspection and Quarantine Bureau.

Chapter IV supplementary provisions

Article 20 the inspection and quarantine organ shall charge fees according to relevant regulations for handling the marking of origin.

Article 21 The State Administration for inspection and quarantine shall formulate implementation measures in accordance with these provisions.

Article 22 The State Administration of inspection and quarantine shall be responsible for the interpretation of these measures.

Article 23 these Provisions shall enter into force as of April 1, 2001.