On 21 May 2021, the CNIPA and the SAMR jointly release the “Guiding Opinions on Further Strengthening the Protection of Geographical Indications” (the Opinion), which has come into effect as of the same day.

The Opinion will ramp up efforts in the legislation, accreditation and administrative enforcement of GIs, among others.

1) On the legislative front, the Opinion vows to dovetail the recognition of GI products with the registration of certification and collective GI trademarks, promote the protection of GIs, plant and animal varieties and enhance protection of primary agricultural products, processed food products, geo-authentic crude drugs and traditional handicrafts.

2) On the accreditation of GIs, the Opinion vows to promote data exchange, information disclosure and resource sharing in respect of accreditation of GI products and registration of collective or certification GI trademarks, research and improve the accreditation rules of GIs, establish unified criteria in accrediting GIs and defining the geographical protection scope thereof.

3) On the enforcement front, the Opinion vows to fight manufacturing or distribution act that involves counterfeiting or unauthorized using of GIs, standardize the use of GIs in advertising and promotion campaigns and on product packaging. In this regard, the Opinion will specifically focus on curbing acts that freeride the goodwill of GIs, like paraphrasing, transliterating, or literal translating a GI, or using on identical or similar goods description indicating that the product is a “variety”, “category” or “replica” of a GI product or is of certain “style” of a GI product. It will also promote dovetailing of administrative enforcement with criminal prosecution and civil litigation involving GIs.

4) An information exchange mechanism is expected to be established between the GIs protection system and business name administration system. This will allow the inclusion of relevant GI fields in the National Enterprise Name Normative Administration System. Businesses hoping to use a GI field in its name need to reach a consensus with or obtain approval from the GI owner.

5) The Opinion also vows to fulfill the obligations of the international treaties to which China accedes to, such as the EU-China bilateral Agreement on the Cooperation on, and Protection of, Geographical Indications, the Economic and Trade Agreement between The Government Of The United States Of America And The Government Of The People’s Republic Of China and the Regional Comprehensive Economic Partnership Agreement.