China News Service, Guangzhou, November 30th (Reporter Cheng Jingwei) The "Regulations on Geographical Indications of Guangdong Province" was passed by the 47th meeting of the Standing Committee of the Thirteenth People's Congress of Guangdong Province on November 30th. It will come into force on January 1.
According to reports, this is the country's first local regulation on the protection of geographical indications.
The regulations stipulate the legal liability for illegal acts of geographical indications, thereby enhancing the deterrent effect on illegal acts of geographical indications.
For violations of geographical indications such as infringement and counterfeiting, the regulations stipulate that the intellectual property departments of the people's governments at or above the county level shall order corrections within a time limit, confiscate the illegally produced and sold products, and impose a fine of not more than the value of the illegally produced and sold products; If there are illegal gains, the illegal gains shall be confiscated.
Geographical indications, as a kind of public resources and social wealth, belong to the category of public interests, and the promotion of public interest litigation is conducive to the protection of geographical indications.
The regulation summarizes the relevant practical experience of Guangdong Province, and stipulates that the people's procuratorate may support prosecution or initiate public interest litigation in accordance with the law if it finds illegal acts of geographical indications that harm the public interest in the performance of its duties.
At present, there are 162 protected geographical indication products in Guangdong.
The regulation clarifies that the local government regularly organizes a general survey of geographical indication protection resources, and collects basic information, data and materials for local primary agricultural products, processed foods, authentic medicinal materials, traditional handicrafts and other products with unique qualities, and incorporates them into geographical indication resources. library; strengthen the protection of natural resources, historical and cultural resources within the scope of geographical indication resources, and guide the application, protection and use of geographical indications.
The regulations detail the responsibilities of the origin government in the quality management of geographical indication products.
In response to problems such as insufficient quality infrastructure such as inspection and testing and certification, the regulations stipulate that people's governments at or above the county level should strengthen the quality control of local geographical indication products, and strengthen the construction of quality infrastructure such as application standards, inspection and testing, and certification.
At the same time, the regulations require intellectual property and other departments to strengthen the daily supervision and management of geographical indication products in terms of the scope of origin, quality characteristics, and standard compliance, promote the establishment of a list of abnormal use of special signs for geographical indications, and regularly disclose the supervision and inspection results.
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