Ask questions about national geographical indications:
1. If a species has been introduced and has obtained a geographical indication, can it be used as a geographical indication after being raised?
For example, people from Taihe County, Jiangxi Province, introduced gray geese from Xingguo County, Lin County. After raising them, can they sell them as geographical indications of Xingguo gray geese?
2. Can an individual apply for a geographical indication? I have checked that most of the approved companies are associations.
If it must be an association, can the company apply? I am a student at an agricultural university and plan to return to my hometown to engage in planting and breeding. Thank you for your answer~
3. It is understood that there are three ways to apply for geographical indications,
Trademark Office, Agricultural Bureau , Quality Inspection Bureau, what are the differences between geographical indications obtained through the three ways? Are the uses different?
The following are replies to the three questions you raised: 1. Geographical indications are intellectual property concepts, not variety names. As mentioned in the example you gave, if you introduce Xingguo Gray Goose to be bred in Taihe County, and after raising it for sale, you can state that its species is the same as Xingguo Gray Goose, but you are not allowed to use the "Xingguo Gray Goose" geographical indication trademark. "Only Xingguo gray geese raised within the production area limited by the geographical indication can use the geographical indication trademark. 2. Neither individuals nor companies can apply for geographical indications. Applicants for geographical indications must be non-profit organizations with supervisory and management capabilities, such as associations, technical research institutes, etc. Since a geographical indication is usually a specialty product of a region, any individual or enterprise within the region that meets the requirements can apply to the registrant for use. Therefore, the registrant must be a neutral entity that is not involved in the business of geographical indication products. 3. The Trademark Office is responsible for the registration and protection of geographical indications in accordance with the provisions of the Trademark Law and the Implementation Regulations of the Trademark Law. The Ministry of Agriculture and the General Administration of Quality Supervision, Inspection and Quarantine carry out relevant work in accordance with their departmental regulations. At present, applying to the Trademark Office to register a geographical indication trademark is the only legal basis in China.
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