Issued by the General Administration of Quality Supervision, Inspection and Quarantine No.78.
Release date: June 7, 2005
Effective date: July 2005-15
Source: General Administration of Quality Supervision, Inspection and Quarantine.
Provisions on the Protection of Geographical Indications (Order No.78 of the General Administration of Quality Supervision, Inspection and Quarantine)
"Provisions on the Protection of Geographical Indications Products" was considered and adopted at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on May 6, 2005. Is hereby promulgated and shall come into force as of July 5, 2005.
June 7, 2005 Article 1 In order to effectively protect China's geographical indication products, standardize the use of geographical indication product names and special signs, and ensure the quality and characteristics of geographical indication products, these Provisions are formulated in accordance with the People's Republic of China (PRC) Product Quality Law, the People's Republic of China (PRC) Standardization Law and the People's Republic of China (PRC) Import and Export Commodity Inspection Law.
Article 2 The geographical indication products mentioned in these Provisions refer to products produced in a specific area, whose quality, reputation or other characteristics depend on the natural and human factors of origin in essence, and are named after examination and approval. Geographical indication products include:
(1) Cultivated and cultured products from this area.
(2) Products whose raw materials are all from the local area or partly from other areas and are produced and processed in the local area according to specific processes.
Article 3 These Provisions shall apply to the acceptance, examination and approval of applications for geographical indication products, the registration of special geographical indication signs and their supervision and administration.
Article 4 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) is in charge of the protection of geographical indication products throughout the country. Local entry-exit inspection and quarantine bureaus and quality and technical supervision bureaus (hereinafter referred to as local quality inspection agencies) carry out the protection of geographical indication products according to their functions.
Article 5 Applications for the protection of geographical indication products shall be examined and approved in accordance with these Provisions. The use of special marks for geographical indication products must be registered in accordance with these Provisions and subject to supervision and administration.
Article 6 The protection of geographical indication products shall follow the principles of voluntary application, acceptance and approval.
Article 7 Products applying for protection of geographical indications shall meet the requirements of safety, hygiene and environmental protection, and products that may cause harm to the environment, ecology and resources shall not be accepted and protected. Article 8 The application for the protection of geographical indication products shall be filed by the applicant institution for the protection of geographical indication products designated by the local people's government at or above the county level or the association or enterprise recognized by the people's government (hereinafter referred to as the applicant), and the opinions of relevant departments shall be solicited.
Article 9 Where the products applied for protection are within the county scope, the people's government at the county level shall propose the range of origin; Cross-county scope, the people's government at the prefecture level shall propose the scope of origin; Across the city, the provincial people's government put forward suggestions on the scope of origin.
Article 10 An applicant shall submit the following materials:
(1) Suggestions of local governments on defining the scope of geographical indication products.
(two) the relevant documents of the local government to set up the applicant or determine the association or enterprise as the applicant.
(3) Certification materials of geographical indication products, including:
Application for protection of geographical indication products;
1. Description of product name, category, origin and geographical features;
3. Describe the physical, chemical, sensory and other quality characteristics of products and their relationship with natural and human factors of origin;
1. Technical specifications of product production (including product processing technology, safety and health requirements, technical requirements of processing equipment, etc.). );
5. The popularity of the product, the description of the production, sales and historical origin of the product;
(four) the technical standards for applying for geographical indication products.
Article 11 An application for the protection of geographical indication products of an export enterprise shall be submitted to the entry-exit inspection and quarantine department under its jurisdiction; Applications for the protection of geographical indication products and other geographical indication products put forward by various regions shall be submitted to the local (at or above the county level) quality and technical supervision departments.
Article 12 The Provincial Bureau of Quality and Technical Supervision and the Entry-Exit Inspection and Quarantine Bureau directly under the Provincial Bureau of Quality and Technical Supervision shall, in accordance with the division of labor, respectively put forward preliminary opinions on the application for protection of geographical indication products, and report the relevant documents and materials to the AQSIQ. Article 13 The General Administration of Quality Supervision, Inspection and Quarantine shall conduct formal examination of the applications received. Those who pass the examination shall be announced to the public by the AQSIQ in the AQSIQ bulletin, government website and other media; If the examination is unqualified, the applicant shall be informed in writing.
Article 14 If the relevant units and individuals have objections to the application, they may submit them to the AQSIQ within 2 months after the announcement.
Article 15 The General Administration of Quality Supervision, Inspection and Quarantine shall, according to the characteristics of geographical indication products, set up corresponding expert review committees to be responsible for the technical review of applications for the protection of geographical indication products.
Article 16 The General Administration of Quality Supervision, Inspection and Quarantine shall organize an expert review committee to conduct a technical review on the rejected application without objection or without objection. After passing the examination, AQSIQ issued an announcement to approve the product to be protected by geographical indication products.
Chapter IV Formulation of Standards and Use of Special Signs
Article 17 For geographical indication products that need to be protected, corresponding national standards, local standards or management norms shall be formulated respectively according to the product category, scope, popularity, product production and sales volume and other factors.
Eighteenth national standardization administrative departments to organize the drafting and publication of national standards for geographical indication protection products; The standardization administrative department of the local people's government at the provincial level shall organize the drafting and publication of local standards for geographical indication protection products.
Article 19 The quality inspection of products protected by geographical indications shall be undertaken by the provincial quality and technical supervision department and the inspection institution designated by the entry-exit inspection and quarantine institution directly under it. When necessary, AQSIQ will organize re-inspection.
Article 20 A producer of geographical indication products shall apply to the local bureau of quality and technical supervision or the entry-exit inspection and quarantine bureau for the use of special marks for geographical indication products, and submit the following materials:
(a) the application for the use of special signs for geographical indication products.
(2) A certificate issued by the competent department of the local government that the product is produced in a specific area.
(3) Inspection reports issued by relevant product quality inspection institutions.
The above-mentioned application shall be examined by the provincial bureau of quality and technical supervision or the entry-exit inspection and quarantine bureau directly under it, and shall be announced after being examined and registered by the AQSIQ. Producers may use the special marks for geographical indication products on their products to obtain the protection of geographical indication products. Article 21 Local quality inspection institutions shall protect products protected by geographical indications according to law. Unauthorized use or forgery of geographical indication names and special signs; Using the names of geographical indication products that do not meet the requirements of the standards and management norms of geographical indication products; Or use a name or logo that is similar to the special logo and easy to be misunderstood, and a text or pattern logo that may mislead consumers, so that consumers mistakenly think that the product is a product protected by geographical indications, and the quality and technical supervision department and the entry-exit inspection and quarantine department will investigate and deal with it according to law. Social organizations, enterprises and individuals can supervise and report.
Article 22 Local quality inspection institutions shall conduct daily supervision and management on the scope of origin, product name, raw materials, production technology, quality characteristics, quality grade, quantity, packaging, labeling, printing, distribution, quantity and use of special product signs, product production environment, production equipment and product standard compliance of geographical indication products.
Article 23 If a producer who has obtained the qualification to use the special marks for geographical indication products fails to organize production according to the corresponding standards and management norms, or fails to use the special marks for protected geographical indication products within two years, the AQSIQ will cancel the registration of the use of the special marks for geographical indication products, stop using the special marks for geographical indication products, and make an announcement to the public.
Twenty-fourth in violation of these provisions, the administrative department of quality and technical supervision and the entry-exit inspection and quarantine department shall impose administrative penalties according to the People's Republic of China (PRC) Product Quality Law, the People's Republic of China (PRC) Standardization Law and the People's Republic of China (PRC) Import and Export Commodity Inspection Law.
Twenty-fifth personnel engaged in the protection of geographical indication products shall be loyal to their duties, handle affairs impartially, and shall not abuse their powers, abuse their power for personal gain, or disclose technical secrets. In violation of the above provisions, administrative disciplinary action shall be given; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 26 The AQSIQ accepts the registration and protection of foreign geographical indication products in People's Republic of China (PRC). Specific measures shall be formulated separately.
Article 27 The AQSIQ shall be responsible for the interpretation of these Provisions.
Twenty-eighth the provisions shall come into force as of July 6, 2005. The Provisions on the Protection of Products of Origin issued by the former State Bureau of Quality and Technical Supervision shall be abolished at the same time. If the contents of geographical indications in the Provisions on the Administration of Marks of Origin and the Measures for the Implementation of the Provisions on the Administration of Marks of Origin promulgated by the former State Entry-Exit Inspection and Quarantine Bureau are inconsistent with these Provisions, these Provisions shall prevail.
The geographical indications of agricultural products promulgated and implemented by the Ministry of Agriculture are unique geographical indications of agricultural products, indicating that agricultural products come from a specific region. The quality and related characteristics of products mainly depend on natural ecological environment and historical and cultural factors, and are named after regional names.
Agricultural products applying for the registration of geographical indications shall meet the following conditions:
(a) the name consists of the geographical area name and the common name of agricultural products;
(2) The product has unique quality characteristics or a specific mode of production; (3) The product quality and characteristics mainly depend on the unique natural ecological environment and human and historical factors;
(4) The production area of products is limited;
(five) the environment of origin and the quality of products meet the requirements of the national mandatory technical specifications.
The protection levels of EU origin protection/geographical indication products are divided as follows:
EU PDO (Designated Origin Protection) This is the highest category of products protected by EU origin.
PDO products must be produced, processed and prepared by traditional production methods in specific areas. Its raw materials must also come from the area marked by the product name. The quality or characteristics of products must be basically or completely endowed by the country of origin, such as the nature of land and local technology.
The quality and reputation of PGI (Protected Geographical Indications) in the European Union are closely related to the region, and one or several stages of production are completed in a specific region.
PGI requires that products must be produced in the area marked by its name. This area must be related to at least one stage of production, processing and preparation. Products can obtain PDI mark because their quality, reputation or other characteristics are related to a certain region.
EU TSG (traditional specialty guarantee) TSG (traditional specialty guarantee) has outstanding characteristics, adopts traditional ingredients and produces according to the traditional mode.
TSG marks refer to traditional production methods, not production areas. TSG mark can be a product produced by traditional raw materials or by traditional technology.
European Union's organic agriculture pays attention to the production environment and animal protection, which is applicable all over the world. The EU uses the following special labels.
In 2000, the European Commission issued a protection sign, which read "Organic Agriculture -EC Control System". Manufacturers whose production systems and products meet the requirements of EU organic production methods can voluntarily use the mark.