Article / Reporter Zhang Li
The Civil Code, which came into force on January 1, 2021, treats geographical indications as intellectual property objects alongside works, patents, trademarks, trade secrets, etc. As an internationally recognized type of intellectual property rights, geographical indication products contain local unique natural terroir conditions and are an important carrier to support high-quality economic development.
The reporter recently learned at the 2021 China International Fair for Trade in Services "World Geographical Indications of Origin Product Brand Distribution Service Conference" that as of the end of June this year, a total of 2,478 products protected by geographical indications have been approved, 6,339 geographical indications have been registered as collective trademarks and certification trademarks, and the total number of market entities that meet the conditions for the use of special standards for geographical indications has exceeded 14,000.
The EU-China Agreement on Geographical Indications helps products to open up international markets
At present, China's cooperation in the protection of geographical indications has been deepening. The EU-China Agreement on Geographical Indications (the Agreement), which launched negotiations in 2011, was signed on 14 September 2020 and entered into force on 1 March 2021.
Chen Yusong, second-level inspector of the Department of Articles and Laws of the Ministry of Commerce, said at the meeting that the China-EU Agreement on the Protection of Geographical Indications signed by China and the EU is a very important bilateral geographical indication protection agreement signed by China in recent years, which has opened a new stage for strengthening geographical indications through bilateral negotiations.
"The first batch of 96 geographical indications of the European side, the 100 geographical indications of the Chinese side have been protected in China and the European Union respectively when the Agreement enters into force, and the second batch of 175 geographical indications of each side will be protected within 4 years after the entry into force of the Agreement." In total, more than 500 geographical indications of the two sides can be protected under the Agreement. At present, a total of 134 EU geographical indications and 110 Chinese geographical indications have been protected in China and in europe respectively, of which the Agreement has contributed 72% and 91% respectively. Chen Yusong said.
The Agreement provides a wide range of choices for consumers on both sides. The first gigap products included in the Agreement include China's Pu'er tea, Sichuan kimchi, Shaoxing wine, Turpan raisins, EU champagne, Parmesan ham, Bordeaux wine, felda cheese and other well-known and prestigious products. By protecting these geographical indications, the Agreement enables consumers to experience authentic geographical indication products to meet the growing need for a better life.
Peng Daming, Agricultural Counsellor of the European Union Mission to China, said that according to statistics, the price of products protected by landmark names in Europe is as much as 2.5 times higher than that of unprotected products or similar products. On the one hand, farmers have a higher return on their labor, and on the other hand, consumers can buy high-quality products. Not only is it beneficial to producers, but it is also beneficial to farmers in remote or rural areas.
Under the Agreement, the use of "paraphrasing, transliteration or literal translation" or "the simultaneous use of the words type, variety, style, imitation, etc.", where the origin has been indicated, is also discouraged and regulated. Chen Yusong said that the Agreement provides a high level of protection for geographical indication products, which helps to eliminate the worries of producers and sellers. In addition, the official indication of the other party's geographical indication can also be used in accordance with the Agreement, which is conducive to the effective market development of related products. Chinese products to the EU can use the eu's official geographical indications, which is conducive to opening up the EU market.
Chen Yusong said that the negotiation of the Agreement has also promoted domestic legislation related to intellectual property protection to a certain extent. For example, in the negotiation of the Agreement, China revised the Measures for the Protection of Foreign Geographical Indication Products, improved the protection mechanism system for foreign geographical indication products in China, and further optimized the business environment.
"In the next second batch of processes, the EU side will have 175 geographical indication names, while the Chinese side will have 75 geographical indication names for protection." Peng Daming said.
It is understood that at present, China and the EU have deliberated on the Rules of Procedure of the Joint Committee on the China-EU Geographical Indications Agreement and are actively promoting the establishment of a joint committee.
In this regard, Chen Yusong pointed out that the entry into force of the Agreement has laid a good foundation for China-EU cooperation on geographical indications, but the implementation of the Agreement requires more efforts. He suggested that a joint committee be established in accordance with the requirements of the Agreement, a cooperation plan should be formulated to supervise the implementation of the Agreement, and that the specific matters of the implementation of the Agreement be communicated as soon as possible under the joint commission mechanism, such as how Chinese geographical indication enterprises can affix the official indications of the European Union when entering the EU market, so as to benefit relevant rights holders and consumers as soon as possible. The Ministry of Commerce will work with the State Intellectual Property Office, the Ministry of Agriculture and Rural Affairs and other departments to further increase the publicity and promotion of geographical indications. In addition, enterprises in geographical indication-related industries are also welcome to provide suggestions and suggestions for the Eu-China Geographical Indications Agreement.
Strengthen the protection of geographical indication products and revitalize rural development
Strengthening the construction of the protection system for geographical indication products and increasing the protection of geographical indication products play a very important role in rural revitalization and development.
In his video message, Speaker of the House of Representatives of Nepal, Agni Prasad Sapukota, pointed out that the discussion and exchange of the General Assembly on strengthening the branding, promotion and protection of geographical indication products will greatly promote the development of the geographical indication product industry, revitalize the economy, and contribute greatly to the eradication of poverty, and will make a significant contribution to the realization of the United Nations 2030 Sustainable Development Goals. He said that at present, Nepal is actively cultivating geographical indication products, creating and upgrading the trade of characteristic geographical indication products, and forming a strong driving force for economic development.
Zhou Huiguo, deputy director of the State Intellectual Property Office, said that the protection of geographical indications provides positive support for winning the battle against poverty and building a well-off society in an all-round way. Explore the development path of product brand to industry in county poverty alleviation. Drive the output value of geographical indication products and related processing logistics and other industries to reach 25 billion yuan. The geographical indication industry is in the ascendant, and the high-quality development of the regional economy can be expected in the future. Promote the realization of a high level of protection, high standard management and high-quality development of geographical indications. Create more geographical indication product brands, so that geographical indications can better benefit society and gain a better life.
Xie Huaping, director of the Research Center for Urban-Rural Integrated Development, mentioned that China's geographical indication resources are abundant, and these geographical indication products are well known to ordinary people for their remarkable natural geographical characteristics, special commercial value and widely circulated word of mouth, such as Yangcheng Lake hairy crab, Wuchang rice, Pinggu peach, Ningxia goji berries and so on. From many aspects, such as excavating cultural connotations, optimizing the business environment, strengthening scientific and technological innovation, attaching importance to brand incubation, strengthening financial innovation services, and strengthening landmark market publicity, we will continuously optimize the ecological space for rural production and life and stimulate the vitality of rural development.
The vigorous development and utilization of geographical indication resources has brought great utility to the agglomeration of agricultural industries with Fujian characteristics and the development of regional economy. For example, Fujian has obtained a total of 58 geographical indication product protection from the General Administration of Quality Supervision, Inspection and Quarantine, and 173 types of products have been registered as geographical indication certification trademarks of the State Administration for Industry and Commerce. For example, since Wuyi Rock Tea obtained the protection of geographical indication products, the price of tea green has increased by an average of 30% per year, the price of mao tea has increased by an average of 32% per year, and the market price of finished tea has increased by an average annual rate of 35%. The brand development of liancheng red heart sweet potato has enabled local farmers to develop the sweet potato processing industry through the construction of production bases, directly contributing to the regional economic prosperity pattern of "600 million output value Fu Ban County".
Xie Huaping pointed out that it is necessary to encourage the cultivation of new types of joint venture entities mainly based on leading enterprises in geographical indications, and support the development of various forms of interest linkage such as "enterprises + geographical indications + farmers" that conform to the conditions of the village. For example, the rapid development of the FirYang media duck industry, each year can be sold to Anhui and Jiangsu, Zhejiang, Shanghai, Guangdong, Henan more than 1 million Zongyang media duck, more than 60 million salted eggs, the annual output value of the Fir Yang media duck industry is hundreds of millions of yuan, every year more than 1200 peasant households have obtained net profits ranging from thousands of yuan to tens of thousands of yuan, more than tens of thousands of yuan, driving the employment of thousands of households that have been lifted out of poverty.
Zhang Qing, deputy director of the Standing Committee of the Beijing Municipal People's Congress, said that in recent years, Beijing has continued to deepen the reform of the geographical indication system, continuously emphasized the protection of geographical indications, effectively driven market enthusiasm, and increased the development of beijing's time-honored brands and geographical characteristics. Beijing's geographical indication industry has continued to grow and develop, forming a new situation of innovative development, and a number of high-quality and safe geographical indication agricultural industries such as Daxing watermelon, Pinggu peach and Changping strawberry have emerged, and the brand value and product competitiveness have been significantly improved, effectively promoting regional economic development.
Entering a new era, we should give full play to the institutional advantages of geographical indications, and better promote the development strategy of geographical indications to help decisively win the battle against poverty and rural revitalization. Zhang Zhicheng, director of the Department of Intellectual Property Protection of the State Intellectual Property Office, said that in the future, it is necessary to continue to improve the geographical indication protection system and accelerate the establishment of a quality assurance system for geographical indications based on digitization, networking and intelligence. Severely crack down on infringement and counterfeiting of geographical indications, and regulate the use of geographical indications in marketing publicity and product packaging. Comprehensively promote the mutual recognition and mutual protection of geographical indications in the second batch of the Eu-China Agreement on the Protection of Geographical Indications, actively promote cooperation with relevant countries and regions along the "Belt and Road", and promote the continuous improvement and development of the international rule system in the field of geographical indication protection.