Released on the special geographical indication marks using management measure (trial) "in the announcement

In order to strengthen the protection of geographical indications in China and unify and standardize the use of special geographical indications, the measures for the administration of the use of special geographical indications (for Trial Implementation) are formulated. It is hereby promulgated and shall come into force as of the date of promulgation.

It is hereby announced.

State Intellectual Property Office

April 3, 2020

Measures for the administration of the use of special geographical indications

(Trial)

Article 1 in order to strengthen the protection of geographical indications in China and unify and standardize the use of special geographical indications, These measures are formulated in accordance with the general provisions of the civil law of the people's Republic of China, the Trademark Law of the people's Republic of China, the product quality law of the people's Republic of China, the 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 provisions on the protection of geographical indication products, the measures for the registration and administration of collective trademarks and certification trademarks, and the measures for the protection of foreign geographical indication products.

Article 2 the term "special signs for geographical indications" as mentioned in these Measures refers to the official signs applicable to geographical indication products organized and produced in accordance with relevant standards, management norms or use management rules.

Article 3 the State Intellectual Property Office shall be responsible for uniformly formulating and Issuing the requirements for the administration of the use of special geographical indications, and organizing the implementation of the supervision and administration of the use of special geographical indications. The local intellectual property management department is responsible for the daily supervision of the use of special geographical indications.

Article 4 the legal users of special geographical indications shall abide by the principle of good faith and perform the following obligations:

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

（2） According to the use requirements of special geographical indications, the special geographical indications shall be marked in a standardized manner;

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

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

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

（2） A registered trademark of a member of a collective as a registered trademark;

（3） The licensee of geographical indications that have been registered as certification trademarks after announcement and filing;

（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） Where geographical indication protection products and geographical indications registered as collective trademarks or certification trademarks use special geographical indication signs, a unified social credit code shall be marked at the designated position of the special geographical indication signs. If foreign geographical indication protection products use special geographical indication signs, the distributor's unified social credit code shall be marked at the designated position of the special geographical indication signs. The drawings are as follows:

（2） Where the products protected by geographical indications use special geographical indication signs, the special geographical indication signs and geographical indication names 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 package.

（3） If a geographical indication registered as a collective trademark or certification trademark uses a special geographical indication, it shall use the special geographical indication and the collective trademark or certification trademark at the same time, and mark the trademark registration number.

Article 7 the legal user of special geographical indications may download the basic pattern vector map on the official website of the State Intellectual Property Office. The vector map of special signs for geographical indications can be scaled according to the scale, and the labels shall be clear and legible. The pattern shape, composition, text font, text scale, color value, etc. of special signs shall not be changed.

Article 8 the legal users of special geographical indications may adopt the following methods:

（1） Attach special geographical indications to the product itself, product packaging, containers, labels, etc. by means of direct attachment, engraving, branding or weaving;

（2） It is used on additional labels, product instructions, introduction manuals, etc;

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

（4） Printed materials and other materials used in exhibitions and expositions, including the use of special geographical indications provided at exhibitions and expositions;

(five) use the special signs of geographical indications to the Internet carriers such as e-commerce websites, WeChat, WeChat official account, micro-blog, mobile phone application code and so on.

（6） Other marking methods in accordance with laws and regulations.

Article 9 Where a legal user of special geographical indications fails to organize production in accordance with the corresponding standards, management norms or relevant use management rules, or fails to use special geographical indications on geographical indication protected products within two years, the intellectual property management department shall stop his qualification for the use of special geographical indications.

Article 10 those who use or forge special geographical indications without public announcement; Or the use of names or logos that are similar to the special signs of geographical indications and are easy to misunderstand, as well as text or pattern signs that may mislead consumers, so that consumers mistook the product for geographical indications, the intellectual property management department and relevant law enforcement departments shall investigate and deal with it in accordance with laws, regulations and relevant provisions.

Article 11 the Provincial Intellectual Property Management Department shall strengthen the daily supervision of the use of special geographical indications under its jurisdiction, and regularly submit the use and supervision information of the previous year to the State Intellectual Property Office. Encourage the use of special geographical indications and daily supervision information to be made public to the public through the geographical indication protection information platform.

Article 12 the transition period for the use of the original relevant special geographical indications shall be December 31, 2020. Products with the original logo produced before December 31, 2020 can continue to circulate in the market.

Article 13 The State Intellectual Property Office shall be responsible for the interpretation of these measures.

Article 14 These Measures shall come into force as of the date of promulgation.