26/04/2017 - Clarifications concerning the protection of foreign GIs in China under the AQSIQ sui generis system

chinaAn important update concerns foreign GIs protected under the sui generis system managed by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (AQSIQ). Recently, the “Measures on the Protection of Foreign Geographical Indications Products” (the Measures), have been approved and published. Some important clarifications are provided by such Measures, in particular: 

  1. The application for the registration of a foreign GI should be filed by the same applicant as in the country of origin, in cooperation with its national competent authority. Moreover, the applicant must designate its branch in China or an official at its Embassy in China; 
  2. The AQSIQ carries out an examination of the formalities as well as a technical one concerning the GI geographical area. In this context, the documents submitted in the framework of a foreign GI application must be officially translated in Chinese;
  3. Once the foreign GI is registered, producers can apply to the AQSIQ for the use of the national GI logo;
  4. Foreign GIs protected in China enjoy equal protection with that accorded to Chinese GIs;
  5. In case of infringements, foreign GIs may address the AQSIQ as well as national courts.

More information available @ http://www.lexology.com/library/detail.aspx?g=32b1f92b-50df-47ea-afc9-cbd456157a9a 

 

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