Chapter I General Provisions
Article 1 In order to effectively protect geographical indication products in China, 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 Product Quality Law of the People's Republic of China, the Standardization Law of the People's Republic of China, and the Import and Export Commodity Inspection Law of the People's Republic of China.
article 2 geographical indication products mentioned in these provisions refer to products produced in a specific region, whose quality, reputation or other characteristics essentially depend on the natural and human factors of the place of origin, and are named after geographical names after examination and approval. Geographical indication products include:
(1) Planting and breeding products from this region.
(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 of applications for geographical indication products, examination and approval, registration of special geographical indication signs, and supervision and administration.
article 4 the general administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) shall be responsible for 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 an application 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 follows 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.
chapter ii application and acceptance
article 8 an application for the protection of geographical indication products shall be submitted 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 and 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 territory, the people's government at the county level shall put forward suggestions on the scope of origin; Cross-county scope, the people's government at the prefecture level shall propose the scope of origin; Cross-city scope, the provincial people's government put forward suggestions on the scope of origin.
Article 1 An applicant shall submit the following information:
(1) Suggestions of the local government on delineating the origin of geographical indication products.
(2) documents concerning the establishment of an applicant institution by a local government or the identification of an association or enterprise as an applicant.
(3) certification materials of geographical indication products, including:
1. Application for protection of geographical indication products;
2. Description of product name, category, range of origin and geographical features;
3. description of the physical, chemical, sensory and other quality characteristics of the product and its relationship with natural and human factors in the place of origin;
4. technical specifications of product production (including product processing technology, safety and hygiene 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;
(4) the technical standards of the geographical indication products to be applied for.
Article 11 An application for the protection of geographical indication products of export enterprises shall be submitted to the entry-exit inspection and quarantine department within its jurisdiction; Applications for the protection of geographical indication products and other geographical indication products submitted by regions shall be submitted to the local (county-level or above) quality and technical supervision department.
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 their division of labor, respectively put forward preliminary opinions on the application for protection of geographical indication products to be declared, and submit relevant documents and materials to the AQSIQ. Answer supplementary documents and materials are submitted to AQSIQ.
chapter iii examination and approval
article 13 the AQSIQ shall conduct formal examination of the received applications. Those who pass the examination shall be announced to the public by the General Administration of Quality Supervision, Inspection and Quarantine in the bulletin of the General Administration of Quality Supervision, Inspection and Quarantine, government websites 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 set up an expert review committee according to the characteristics of geographical indication products, and be responsible for the technical review of applications for protection of geographical indication products.
article 16 the AQSIQ shall organize an expert review Committee to conduct a technical review on the rejected application with no objection or objection. if the application passes the review, the AQSIQ shall issue an announcement approving the protection of geographical indication products. Chapter IV Formulation of Standards and Use of Special Signs
Article 17 For geographical indication products to be protected, corresponding national standards, local standards or management norms shall be formulated respectively according to the categories, scope, popularity, production and sales of the products.
Article 18 The national standardization administrative department shall organize the drafting and publication of national standards for products protected by geographical indications; 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 inspection institutions designated by the provincial quality and technical supervision departments and the entry-exit inspection and quarantine departments directly under them. When necessary, AQSIQ will organize re-inspection.
Article 2 Where a producer uses a special mark for a geographical indication product within the production area, he shall apply to the local quality and technical supervision bureau or the entry-exit inspection and quarantine bureau and submit the following materials:
(1) An application for the use of a special mark for a geographical indication product.
(2) a certificate issued by the competent department of the local government that the product is produced in a specific region.
(3) Inspection report issued by the relevant product quality inspection agency. Answer Supplement The above-mentioned application has been examined by the provincial quality and technical supervision bureau or the entry-exit inspection and quarantine bureau directly under the Central Government of Quality Supervision, Inspection and Quarantine, and after it has passed the examination and registered, an announcement will be issued, so that producers can use the special marks for geographical indication products on their products and obtain the protection of geographical indication products.
Chapter V Protection and Supervision
Article 21 Local quality inspection institutions shall protect products protected by geographical indications according to law. For unauthorized use or forgery of geographical indication names and special signs; Using the name of a geographical indication product that does not meet the requirements of the standards and management specifications of the geographical indication product; Or use a name or logo similar to the special mark, which is easy to be misunderstood, and a text or pattern mark that may mislead consumers, so that consumers mistake the product for 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 geographical indication products' origin, product name, raw materials, production technology, quality characteristics, quality grade, quantity, packaging and labeling, printing, distribution, quantity and use of special product signs, product production environment, production equipment and product standard compliance.
article 23 if a producer who is qualified 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, 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.
article 24 anyone who violates these provisions shall be given administrative punishment by the administrative department of quality and technical supervision and the entry-exit inspection and quarantine department in accordance with the product quality law of the people's Republic of China, the standardization law of the people's Republic of China, and the import and export commodity inspection law of the people's Republic of China.
Article 25 Personnel engaged in the protection of geographical indication products shall be loyal to their duties, handle affairs impartially, and shall not abuse their power, abuse their power for personal gain, or disclose technical secrets. In violation of the above provisions, administrative disciplinary action shall be taken; Those who constitute a crime shall be investigated for criminal responsibility according to law. Chapter VI Supplementary Provisions
Article 26 The AQSIQ accepts the registration of foreign geographical indication products in the People's Republic of China and protects them. The specific measures shall be stipulated separately.
article 27 the AQSIQ shall be responsible for the interpretation of these provisions.
article 28 these provisions shall come into force as of July 15, 25. The Provisions on the Protection of Products of Geographical Origin promulgated by the former State Bureau of Quality and Technical Supervision shall be abolished simultaneously. 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.
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