China
i. General description
In the People’s Republic of China GIs can be protected through trademarks or through sui generis system. The Trademark regime covers trademarks with geographical names for goods and services[1]. The sui generis system is administrated by The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), under the Chinese Ministry for Health. It protects Geographical Indications of both agricultural and handicraft products.
ii. Legal framework
The Chinese trademark law of 23 August 1982 (last amend on October 2001)
Regulation for the implementation of the Trademark law (effective since September 2002)
Measures for the Registration and Administration of Collective Marks and Certification marks (issued on 17 April 2003)
Regulation on Protection of Products of geographical Indications, “the GI Law”, which came into force on 15 July 2005.
Measures for Administration of Geographical Indications for Agricultural Products (went into effect on 1 February 2008: Decree of the Ministry of Agriculture of the People’s Republic of China No.11)[2]
iii. Practical information
The administration Responsible for Registration in the trademark system is the Trademark Office under the State Administration for Industry and Commerce (SAIC).
The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) is responsible for registration according the sui generis system under the Ministry of Health. AQSIQ register and protect Chinese but also foreign geographical indication products in China.The China National Institute of Standardization assists the Department of Science and Technology of AQSIQ in archive technical specifications of GIs and research on Policies and standards of GI protection.
India
i. General description
India implemented a sui generis system to protect Geographical Indications. The Law protects agricultural, industrial and handicraft products[3].
ii. Legal framework:
The Geographical Indications of Goods (Registration and Protection) Act, 1999 (No. 48 of 1999) entered into force on 15 September 2003
The Geographical Indications of Goods (Registration and Protection) Rules of 2002
iii. Practical Information:
A Geographical Indications Registry has been established in Chennai under the The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
Japan
i. General description
In Japan geographical names are protected through Trademarks. A sui generis systrem is available only for liquors.
ii. Legal framework
Trademark Law of Japan, Law No. 127 of April 13, 1959 as amended by Law No. 220 of December 22, 1999, entered into force on 6 January 2001, (Section 72(3) entered into force on 1 April 2001).
Geographical Indications (Art. 23-1 TRIPS Enforcement Standard), Notification, 28/12/1994, No. 4
iii. Practical Information
The Japan Patent Office is the administration in charged of registration.
[1] The Trademark law and its Implementation Regulation define the cases of infringement of the exclusive right on the base of the existing database.
[2] Measures for Administration of Geographical Indications for Agricultural has been published on the Gazette of the State Council of People’s Republic of China n.20 on August 2008
[3] The Geographical Indication of Goods (Registration and Protection) Act.
