Chinese Geographical Indications

Dual GI Protection System

China’s geographical indication (GI) protection has historically operated through a dual system administered by two separate agencies. The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) administered GI product protection under the Administrative Measures for Geographical Indication Products. The State Administration for Industry and Commerce (SAIC) administered GI certification and collective marks under the Trademark Law and the Measures for the Registration and Administration of Collective Marks and Certification Marks.

The dual system created inefficiencies and legal uncertainty. Producers seeking GI protection could apply under either or both systems, leading to overlapping protection, inconsistent standards, and forum shopping. The 2018 merger of AQSIQ and SAIC into the State Administration for Market Regulation (SAMR) initiated the consolidation of GI administration, but the two GI registration systems have not been fully unified.

Administrative Measures for Geographical Indication Products

The Administrative Measures for Geographical Indication Products (Dili Biaoji Chanpin Baohu Guiding), originally issued by AQSIQ in 2005 and revised by SAMR in 2020, establish the GI product protection system. The Measures define a geographical indication product as a product that originates from a specific region, whose quality, reputation, or other characteristics are essentially attributable to the natural or human factors of that region.

The GI product application must be submitted by an entity authorised by the local government, such as a producer association or industry organisation. The application must include: (1) a description of the product’s specific characteristics and their connection to the geographic origin; (2) the proposed boundaries of the GI region; (3) a product specification including raw materials, production methods, and quality standards; and (4) evidence of the product’s reputation in the relevant market.

After approval, the GI product name may be used only by producers located within the GI region who comply with the product specification. SAMR conducts quality surveillance and may cancel the GI protection where producers systematically fail to comply with the specification standards.

GI Certification Marks

GI protection under the Trademark Law operates through GI certification marks (zhengming shangbiao) and GI collective marks (jiti shangbiao). Article 16 of the Trademark Law (2019 revision) protects geographical indications as certification marks or collective marks registered with the China National Intellectual Property Administration (CNIPA).

A GI certification mark certifies that the goods bearing the mark originate from a specific geographic region and possess the qualities, reputation, or other characteristics attributable to that region. The mark is owned by an organisation capable of supervising the use of the mark, and any producer whose goods meet the specification standards is entitled to use the mark.

The Trademark Law’s GI protection is enforced through infringement proceedings. The owner of the registered GI certification mark may bring infringement proceedings against unauthorised use of the GI, and against use of a mark that is identical or similar to the GI for identical or similar goods that may cause confusion. Enforcement is conducted through CNIPA administrative proceedings and through the courts.

AQSIQ vs SAIC Merger (2018)

The 2018 institutional reform merged AQSIQ and SAIC into SAMR, bringing the two GI systems under the same umbrella ministry. The merger was expected to lead to the unification of GI protection, but the two systems remain separate with distinct registration procedures, protection standards, and enforcement mechanisms.

The SAMR has not announced a timeline for the unification of the two systems. The 2020 revision of the Administrative Measures for Geographical Indication Products maintained the GI product system as a separate track from the GI certification mark system. The coexistence of the two systems has been criticised for creating confusion among producers and for diverting enforcement resources.

EU-China GI Agreement (2020-2025)

The EU-China Agreement on Geographical Indications, signed in 2020 and effective from 1 March 2021, is the most significant bilateral GI agreement to which China is a party. The Agreement provides for the mutual recognition and protection of 100 European GIs in China and 100 Chinese GIs in the EU, with an additional 175 GIs from each side to be added by 2025.

The 100 Chinese GIs listed in the Agreement include well-known products such as Pitong Chilli (郫县豆瓣), Anxi Tieguanyin (安溪铁观音), Longjing Tea (龙井茶), Shaoxing Wine (绍兴酒), and Huangshan Maofeng (黄山毛峰). The Agreement requires China to protect the listed European GIs — including Champagne, Parmigiano Reggiano, Prosciutto di Parma, and Scotch Whisky — against any use that exploits the GI’s reputation.

The Agreement requires the parties to provide enforcement mechanisms against GI infringement. China has amended its GI regulations to implement the Agreement, including the provision of ex officio enforcement by customs and market regulation authorities. The Agreement also establishes a mechanism for adding GIs, with a second list of 175 GIs from each side to be mutually recognised by 2025.

The EU-China GI Agreement has been significant for both sides. For the EU, it provides protection for high-value agricultural and food product GIs in the Chinese market. For China, the Agreement demonstrates the international recognition of Chinese GIs and provides a framework for the protection of Chinese GIs in the EU.

Bilateral GI Protection

Beyond the EU-China Agreement, China has concluded bilateral GI protection agreements with several countries. The China-US GI Protection operates through the Phase One Trade Agreement (January 2020), which required China to protect US GIs for agricultural products. The Agreement committed China to provide national treatment for US GI applications and to protect US GIs against misleading use.

China has also engaged in GI negotiations with Japan, South Korea, Thailand, and other ASEAN countries. The China-Japan GI Agreement, under negotiation since 2019, would provide for the mutual recognition of GIs for agricultural products and sake.

China is not a party to the Lisbon Agreement on Appellations of Origin and Geographical Indications (the Geneva Act of 2015). China’s participation in the Lisbon system would require amendments to China’s GI protection framework to align with the Lisbon system’s registration and protection standards.

Conclusion

Chinese GI protection continues to evolve from its dual-system origins. The 2018 merger of AQSIQ and SAIC into SAMR created the institutional basis for unification, but the GI product system and GI certification mark system remain separate. The EU-China GI Agreement (2020-2025) has been the most significant driver of GI law development, requiring China to strengthen enforcement and to recognise international GIs. The continued existence of two parallel GI protection systems, however, creates complexity for producers and uncertainty for enforcement.