“Fix What Is Urgent First”: Why a Measure Now
Unified geographical-indication (GI) legislation is still in progress, but practice cannot wait. The 2005 Provisions were outdated — weak examination, thin management, soft protection. CNIPA adopted an “urgent matters first” approach, improving the rule ahead of unified law. That is how the Measures for the Protection of Geographical Indication Products came about.
Four Drafting Principles
Three Points Applicants Must Know (36 Articles)
1) The “four attributes”: a GI product must have authenticity, regionality, specificity and relevance, with explicit refusal grounds.
2) Objection after examination; change and revocation: opposition sits after technical review for efficiency; separate change (minor/major) and revocation (grounds, evidence, remedy) procedures are provided.
3) Produce to standard: after protection, the applicant manages the name, mark use and quality; producers must meet standards or risk cancellation of the special-mark registration. For trademark layout, see the trademark-class tool.
FAQ
When did the Measures take effect and what do they replace?
Promulgated by CNIPA Order No. 80, effective February 1, 2024, they improve the 2005 Geographical Indication Product Protection Provisions, addressing pressing issues ahead of unified GI legislation.
Who may file a GI product protection application?
The people’s government at or above the county level, or a designated representative social group or protection-applicant institution, may act as the applicant.
What if a producer fails to meet standards?
Producers must organize production to the relevant standard; failure to comply after the prescribed period leads to cancellation of the special-mark registration.
Source
China National Intellectual Property Administration (CNIPA): 《地理标志产品保护办法》制定说明 (published 2024-01-02). This is a policy interpretation and does not constitute an official interpretation or legal advice.
Related: China patent annuity watch / Trademark classes.
本文介绍的是中华人民共和国（中国）的知识产权制度，具体以官方最新规定为准。