Brief Introduction to Terms Related to Geographical Indications

Author: Liu Jiayin [Shanghai Runhe Law Firm]
Terms related to geographical indications include marks of origin, appellation of origin, special signs of geographical indication products, geographical indications of agricultural products, etc. In order to understand the difference and relation among such terms, brief introduction is provided as follows:
1. Geographical Indications and Marks of Origin
Geographical indications are indications which identify a good originated from the territory, or a region or locality in that territory, where a given quality, reputation or other characteristics of the good which are essentially attributable to its geographical origin.[1]
Marks of origin refers to the words and figures on the goods or packages used to indicate the place of origin of the goods.[2]In international transaction, marks of origin include marks of the country of origin[3] and geographical indications[4].
The differences between geographical indications and marks of origin are mainly as follows:
(1) Geographical indications are certainly related to the quality, reputation and characteristic of the products that they mark. However, marks of origin are always used to determine whether the requirements of enjoying tariff policy or specific treatment are met in international transaction;
(2) Geographical indications are fixed and definite to the products that they mark. However, in international transaction, tariff policy or specific treatment, etc. related to marks of origin may probably be changed with the alteration of political and economic elements;
(3) Besides protected by administration as marks of origin, geographical indications may apply for trademark protection and also be used together with trademarks simultaneously.
2. Geographical Indications and Appellation of Origin
Appellation of origin means the geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.[5]
Some scholars hold that geographical indications and appellations of origin are the same. However, they two actually share some differences.
Briefly speaking, appellations of origin are special geographical indications. The concept of geographical indications is wider than that of appellations of origin. The differences of them are mainly as follows:
(1) The quality and characteristics of the products that appellations of origin mark shall be linked to the geographical environment which the products originate from. In addition, geographical indications may designate some products whose reputation and credit are attributable to the locality. Appellations of origin emphasize more on the unique attribute of the place of origin;
(2) Appellations of origin only have the form of words, while geographical indications have different forms of words, figures, etc.;
(3) Matters concerning geographical indications are clearly stipulated in the laws and regulations of our country. The nationwide protection work of geographical indication products is in the charge of the State Administration of Quality Supervision, Inspection and Quarantine. The local entry-exit inspection and quarantine bureaus and quality technical supervision bureaus shall carry out the protection work in accordance with their respective functions.
3. Marks of Origin and Appellations of Origin
The differences between marks of origin and appellations of origin are mainly as follows:
(1) The scope of the place of origin that marks of origin define is comparatively large, while the scope of the place of origin that appellations of indications define may be wide and narrow;
(2) In international transaction, marks of origin generally relate to customs duty policies and are used to determine whether the requirements of enjoying specific treatment are met. Appellations of origin are used to indicate the quality and characteristics of the products. Therefore, appellations of origin are easy to show the customers the quality and characteristics of the products, while it is hard for marks of origin to express such information;
(3) Appellations of origin only have the form of words, while marks of origin have different forms of words, pictures, etc.;
(4) The nationwide management of marks of origin will be uniformly administered by the State Administration for Entry-Exit Inspection and Quarantine. The acceptance of application, assessment, reporting, registration, supervision and administration of marks of origin will be in the charge of local administrations of entry-exit inspection and quarantine within their jurisdiction.
For example, "Made in China" is a mark of origin, and the locality of Jinhua of the product "Jinhua Ham" is the appellation of origin of such product.
4. Geographical Indications and Special Signs of Geographical Indication Products
Special signs of geographical indication products[6] refer to the special signs set by the Trademark Office of the State Administration for Industry and Commerce for geographical indication products, and are used to designate that the geographical indication products using the special sign have been ratified for registration by the aforesaid Office.
The differences between geographical indications and special signs of geographical indication products are mainly as follows:
(1) Geographical indications which may indicate the relation between the quality and characteristics of the products and the geographical environment they originates from and may not reflect the actual quality of the products. The special signs of geographical indication products is the approval of such products by the national administrative organ, which may indicate the quality of the products to some extent.
(2) The lawful user of a registered geographical indication may use the special sign of geographical indication products on its products concurrently. The signs shall be used with geographical indications simultaneously, which may not be used separately, and the use of special signs is free of charge;[7]
(3) The local entry-exit inspection and quarantine bureaus and quality technical supervision bureaus are responsible for the geographical indication work, and the management of special signs of geographical indication products will be in the charge of the administrative department for industry and commerce at each level.
5. Geographical Indications and Geographical Indications of Agricultural Products
Geographical indications of agricultural products[8]refer to special agricultural product indications which originate from specific region and are named after territorial names. Their quality and relevant characteristics are mainly attributable to the natural and ecological factors as well as cultural and historical factors of the region[9].
The differences between geographical indications and geographical indications of agricultural products are mainly as follows:
(1) Geographical indications may not only apply to agricultural products but also industrial products, while geographical indications of agricultural products apply to agricultural products, natural products, special and local products, etc.;
(2) The local entry-exit inspection and quarantine bureaus and quality technical supervision bureaus are responsible for the geographical indication work, and the supervision and examination of geographical indications of agricultural products are in the charge of the administrative department of agriculture under the people’s government at or above the county level.
For example, "Jingdezhen Porcelain" is protected by geographical indication, and "Huangyan Mandarin Orange" is under the protection of geographical indication of agricultural products.
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[1] Agreement on Trade-related Aspects of Intellectual Property Rights, Article 22 Para. 1.
[2] Regulation of the People’s Republic of China on the Place of Origin of Import and Export Goods, Article 26.
[3] According to Article 4 of Provisions on the Administration of Marks of Origin, "A mark of the country of origin refers to marks, labels, signs, characters, graphics, various certificates, etc. used to indicate that a product or service originates from a country or locality."
[4] Provisions on the Administration of Marks of Origin, Article 4.
[5] Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Article 2 Para. 1.
[6] According to Article 2 of Provisions on the Protection of Geographical Indication Products, "The geographical indication products refer to those products which originate from a specific region and whose quality, reputation or other characteristics are attributable to the natural and human factors of the place of origin, are named after geographical name after being examined and approved."
[7] See Measures for the Administration of Special Signs of Geographical Indication Products.
[8] According to Article 2 of The Measures for the Administration of Geographical Indications of Agricultural Products, The term “agricultural product” as mentioned in these Measures refers to primary products sourced from agriculture, namely, plants, animals, microorganisms and the products thereof obtained in agricultural activities. "
[9] See Measures for the Administration of Geographical Indications of Agricultural Products.