Table of Contents

Research Handbook on Intellectual Property and Geographical Indications

Research Handbook on Intellectual Property and Geographical Indications

Research Handbooks in Intellectual Property series

Edited by Dev S. Gangjee

Provenance matters like never before. Legal regimes regulating the use of Geographical Indications (GIs) protect commercially valuable signs on products – such as Darjeeling and Champagne – which signal the link to their regions of origin. Such regimes have been controversial for over a century. A rich, interdisciplinary work of scholarship, this Research Handbook explores the reasons for and consequences of GIs existing as a distinct category within intellectual property (IP) law. Historians, geographers, sociologists, economists and anthropologists join IP specialists to explore the distinguishing feature of GIs, that certain products are distinctively linked or anchored to specific places.

Chapter 12: Geographical Indication protection in China

Haiyan Zheng

Subjects: business and management, knowledge management, innovation and technology, knowledge management, law - academic, intellectual property law

Extract

As one of the ancient civilizations, China has gained a reputation for its china, silk, herbal medicine and many other products. These globally well-known products are closely linked to specific climatic and geological conditions, as well as unique methods of production. However, compared to its long history and rich resources in GI products, China’s Geographical Indication (GI) protection has a rather short history. It was not until the mid-1980s that China started its protection for GIs. The accession to international treaties prompted China to passively offer GI protection. The beginning of Geographical Indication protection can be traced back to 1985 when China joined the Paris Convention for the Protection of Industrial Property. Under the convention obligations, China started to protect indications of source and appellations of origin by way of administrative decrees. In 1987 the State Administration for Industry and Commerce (SAIC) issued an administrative decree to stop a Beijing-based food company from using Danish Butter Cookies on its products. In 1989 SAIC issued another administrative decree to protect Champagne from being misused as a generic term for a type of sparkling wine on Chinese markets, preserving it as an appellation of origin. These probably are the first important events in China regarding GI-related administrative protection. After that, several legislative efforts were made and different government agencies have been involved in the realm of GI protection.

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