Voluntary Report - public distribution

**Date:** 4/10/2007

**GAIN Report Number:** CH7027

CH7027

**China, Peoples Republic of**

**Agricultural Situation**

**Measures for Administration of Geographical Indication Signs
Products**

**2007**

**Approved by:**

![](media/image1.wmf)Maurice House

U.S. Embassy

**Prepared by:**

Kevin Latner and Yuanchuan Liang

**Report Highlights:**

The State Administration for Industry and Commerce (SAIC) issued the
\"Measure for Administration of Special Signs of Geographical Indication
Products\", indicating Geographical Indications (GI) as signs of
products which have been registered with the SAIC\'s Trademark Office.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Beijing \[CH1\]

\[CH\]

![](media/image2.jpeg){width="3.7604166666666665in" height="2.375in"}In
China, there are two protection systems for geographical indication
(GI). Effective on January 30, 2007, the State Administration for
Industry and Commerce\'s (SAIC) has provided that GI can be included as
a registered mark and will be protected through registration under the
existing authority. China's Trademark Law provides for the registration
of GI as collective or certificate mark.

Previously, there were no special signs of geographical indication
provided by SAIC. The new sign does not provide additional protection,
but does provide a measure of comparability between the GI sign provided
by SAIC and the sign provided by AQSIQ. Post recommends U.S.
agricultural companies avail themselves of SAIC GI protections.

Effective on July 15, 2005, the General Administration of Quality
Supervision, Inspection and Quarantine under \"Rules on Geographical
Indication Products Protection\" established a new system of GI and
there is a special sign for geographical indication under this system.

For assistance in the registration of geographical indication related to
agriculture, refer to other GAIN reports on IP or contact:

+-----------------------------------+----------------------------------+
| Agricultural Trade Office         | Agricultural Trade Office,       |
|                                   | Beijing                          |
| US Embassy Beijing                |                                  |
|                                   | Kerry Center, South Tower        |
| PSC 461 Box 50                    |                                  |
|                                   | 24th Floor Suite #2425           |
| FPO AP 96521-0002                 |                                  |
|                                   | No. 1 Guanghua Lu, Beijing       |
|                                   | 100020                           |
+-----------------------------------+----------------------------------+
| Tel: (86-10) 8529-6418            | Fax: (86-10) 8529-6692           |
+-----------------------------------+----------------------------------+

BEGIN UNOFFICIAL TRANSLATION

# Measure for Administration of Special Signs of Geographical Indication Products

Article 1: In order to strengthen the protection of geographical
indications, maintain legitimate rights and interests of geographical
indication registrants, regulate the use of special signs of local
geographical indication products (hereinafter referred to as the
"special signs") and promote the development of geographical indication
products, the Measure is formulated pursuant to the *Trademark Law of
the People's Republic of China*, *the Regulations for Implementation of
the Trademark Law of the People's Republic of China*, and the like.

Article 2: For the purpose of this Measure, special signs refer to
special signs established by the Trademark Office of the State
Administration for Industry and Commerce for geographical indication
products, so as to indicate that the geographical indication products
using the said special signs have been registered with the approval of
the Trademark Office of the State Administration for Industry and
Commerce.

Article 3: Basic devices of special signs are composed of the Chinese
and English names of the Trademark Office of the State Administration
for Industry and Commerce, the wordings of Chinese geographical
indications, GI based fonts, pictures of wheat and the Temple of Heaven.
Green (C:60 M:0 Y:100 K:0; C:100 M:0 Y:100 K:50) and yellow (C:0 M:20
K:100 K:0) are the basic colors forming the special signs.

Article 4: Legal users of registered geographical indications may
concurrently use special signs on their geographical indication products
and indicate the registration numbers of such geographical indications.

Article 5: Special sign users may use special signs on commodities,
commodity packages or containers, or in advertising campaigns,
exhibitions and other commercial activities.

Article 6: No charges shall be payable for the use of special signs.

Article 7: Special signs shall be used together with geographical
indications, not used by themselves.

Article 8: Geographical indication registrants shall supervise use of
special sign users.

Special signs shall be used in such patterns of special signs as
promulgated by the

Trademark Office of the State Administration for Industry and Commerce,
and shall not be changed without approval.

Article 9: Where special signs are official signs protected under
Article 10 of the *Trademark Law of the People's Republic of China*,
administrative departments for industry and commerce at all levels shall
administer such special signs. Where special signs are used without
approval or any user uses signs similar to special signs without
approval, administrative departments for industry and commerce at
different levels may, in accordance with the *Trademark Law of the
Peoples Republic of China*, the *Regulations for Implementation of the
Trademark Law of the Peoples Republic of China* and other pertinent
provisions, investigate and punish the said uses.

Article 10: The Measure is subject to the interpretation of the State
Administration for Industry and Commerce.

Article 11: The Measure will come into force January 30, 2007.

END

Disclaimer: Chinese is the national language of China and the official
Chinese version of the law prevails. This report is meant as a reference
and does not provide legal advise. Please refer to the Chinese version
of the law for questions of meaning and consult an attorney for legal
advise.