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Apr 22,2020

Express n° 6 News: GI | China Releases The Exposure Draft On The Guide For Determining Gis As Generic Names In Response To 1st Phase China-US Trade Deal

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China National Intellectual Property Administration (CNIPA) release on March 25, 2020, the exposure draft on the Guide for Determining Geographical Indications as Generic Names, inviting public comments until May 9, 2020. This guide is deemed as a response to the 1st phase China-US Economic and Trade Agreement (Trade Agreement) since it completely absorbed the standards in determining the generic names stipulated in the Trade Agreement.


Seeing that China gave a written undertaking in the Trade Agreement to supply clear procedures to allow for opposition and cancellation of existing GI and allow fair market access for exports of the products relying on trademarks or the use of generic terms, it seems such guide, if coming into force at last, may pose somewhat challenge on the validity and protection scope of the existing GIs in China.

Contributed by: Wei He