On September 18, 2023, China’s National Intellectual Property Administration (CNIPA) released Draft Regulations on the Protection of Geographical Indication Products. The draft transfers the examination and approval process from the General Administration of Quality Supervision, Inspection and Quarantine to CNIPA, introduces a good faith requirement and adds a detailed examination process.

The proposals of the draft include:
Article 3 explains that GI products should have authenticity, regionality, specificity and relevance. Authenticity means that the name of a GI product has been in continuous use for a long time and has a reputation that is generally recognised by the public. Regionality means that all or the major part of the production of GI products should take place within a defined geographical area. Specificity means that the product has distinct quality characteristics, a specific reputation or other characteristics. Relevance means that the specificity and reputation of a product are determined by the natural and human factors of a particular region.

Article 17 provides a process for resolving third party objections to a geographical indication. Upon receipt of the objection request, CNIPA will promptly notify the applicant and provide relevant materials. Objections will be resolved through negotiation between the two parties. If the negotiation fails, CNIPA will organize a committee of experts on geographical indication products to decide.

CNIPA’s Geographical Indication Expert Review Committee conducts a technical review of applications. The technical review includes necessary origin verification. If the application passes the review, CNIPA will issue a recognition announcement; if it fails, the application for protection of the geographical indication product will be rejected. If the applicant is dissatisfied with the decision of rejection, they may request a review by CNIPA within 30 days from the date of receipt of the notice. If the applicant is dissatisfied with the review decision, they may file a lawsuit with the People's Court within 6 months from the date of receipt of the notice.

Also, an annual reporting requirement is implemented. Before the end of March each year, applicants must report to CNIPA the status of geographical indication product protection in the previous year.
Finally, there may be fines of up to 100,000 RMB and confiscation of illegal revenue for violation of legislation on the requirements established for geographical indications products.