Comments on NIPA's Measures for the Protection of Foreign Geographical Indication Products (Revised Draft for Comments)

2019-03-29 | Beijing, Shanghai

These Measures essentially focus on the procedure for registration of a foreign GI but remain relatively silent regarding the actual
protection of the GI against acts of infringement. In the original Opinions for the Protection of Geographical Indications promulgated by
AQSIQ on May 16, 2005, reference was made, in Article 24, to three laws, namely: the Quality Product Law, the Standardization law and the Inspection of Import and Export Commodities law. This implies that GIs are not specifically recognized as intellectual property rights by the laws. It is, therefore, necessary to expressly refer to one the abovementioned laws, for the enforcement against violators. The Quality Product Law is the best suited for this purpose, as it contains provisions for the investigation and punishment of violators and the compensation of victims of violations/infringements.