Submitted comments to the CNIPA on the “ Notice on General Names in Geographical Protection Logos (Draft for Comments)"

2020-05-08 | Beijing, Shanghai, South China

The AFB, Cheese and IPR working group jointly submitted comments to the China National Intellectual Property Administration (CNIPA) on the Notice on General Names in Geographical Protection Logos (Draft for Comments). In general, we have below comments:

Notice on General Names in Geographical Protection Logos (Draft for Comments) is a guideline normative document, but it has less content and is not operable, especially for the elements of judgment, without giving clear recommendations. For example, in article 7, the "use situation" is mentioned in many places, but it is not specified in which case, it can be regarded as a common name related to geographical indication.

Geographical indications are subject to IPR regulations and their protection is included in the WTO TRIPs agreement as well as WIPO relevant legislation. One of the objectives of the protection of GIs is to ensure they do not become generic. Once a product name has been recognised as a GI in China, it should not become generic anymore. The topic of generic names in this guide should be restricted to the sole context of a recognition of a GI, and not to its revocation. Some of the provisions in these Guidelines seem to go against the letter and the spirit of the EU-China GI Agreement. The names protected through the EU-China GI agreement should not be subject to the possibility of becoming generic unless this decision is taken jointly by the two Parties as foreseen by the procedures set out in the agreement. It would be inappropriate if guidelines were to override international treaty commitments (WIPO Lisbon Agreement/Geneva Act).

The field of appreciation of the generic nature of a name should be limited to its actual understanding by the majority of consumers and the general public.