The China National Intellectual Property Administration ("CNIPA") has recently issued the Provisions on the Protection of Geographical Indications (Draft for Comment) (the "Draft for Comment") to solicit comments from the public by October 24, 2020.
The Draft for Comment mainly includes: firstly, specifying multiple subjects and their rights and obligations; secondly, improving and optimizing application and examination procedures of geographical indications; thirdly, intensifying the protection of geographical indications and the quality supervision for geographical indication products; fourthly, integrating domestic and overseas provisions concerning geographical indications, and realizing equal protection. In particular, the Draft for Comment stipulates situations under which geographical indications will not be protected, for example, products or product names breach laws or social morality or impair public benefits, product names are general product names only, or conflict with any prior geographical indication, trademark right or animal or plant variety, which are used as reasons for objection and revocation. The Draft for Comment combines the procedures for the application for geographical indications and procedures for the application for use of special marks, stipulating that when filing an application for a geographical indication, an applicant can submit the list of producers or Chinese distributors applying for the use of the special marks.