By Ms. Haoyu Feng, Lawyer and Partner at Chofn IP
The China National Intellectual Property Administration (CNIPA), in accordance with the Trademark Law, officially released the Regulations on Collective and Certification Marks on 29 December 2023, with an effective date of 1 February 2024.
The Regulations primarily aim to optimize the registration and utilization processes of collective and certification marks featuring geographical names, specify the administrative rules and the registrants’ obligations of administration, regulate the users’ acts of use, and establish a comprehensive framework for the registration, administration and use of collective and certification marks.
The Regulations provide that the marks shall be distinctive and easily identifiable. Recognizing that geographical names are public resources, the Regulations emphasize that marks containing geographical names shall not compromise public interests. Permissible uses, including trade names, ingredient lists, packaging materials, etc., are acceptable when they genuinely indicate the production source and raw materials, aligning with standard business practices.
As the former State Administration for Industry and Commerce had made the Rules on the Registration and Administration of Collective and Certification Marks, the CNIPA made the Regulations differentiated from the former Rules. In terms of administrative enforcement, the relevant rules under the former Rules shall continue to apply.
On the same day, the CNIPA released the Rules on the Protection of Geographical Indication Products (“the Rules”), in accordance with the Civil Code, the Trademark Law, the Product Quality Law, the Standardization Law, and the Anti-Unfair Competition Law. The effective date for the Rules is also set for 1 February 2024.
The Rules primarily aim to readjust to the restructured governmental organs, optimize the examination and recognition procedures, strengthen the GI products administration, clarify the producers’ obligations and local IP organs’ duty of routine supervision and administration, and enhance the protection and define the infringing acts.
Improvements include positioning the opposition procedure after technical examination to enhance efficiency and outlining cancellation procedures with specific grounds, evidentiary requirements, and remedies. The producers that fail to comply with the standards or make rectification within the prescribed period of time may face GI registration removal.
In the realm of legislation, CNIPA is committed to harmonizing GI laws, building on the groundwork laid by the GI Product Protection Regulations made by the former General Administration of Quality Supervision, Inspection, and Quarantine in 2005.
Although the Regulations and Rules are primarily designed for China’s local collective or certification marks and geographical indications, the basic principles are quite likely to apply to foreign collective or certification marks and geographical indications. CNIPA envisions crafting similar Regulations and Rules to accommodate foreign collective or certification marks and geographical indications in the future.
