Article 1 In order to better implement the provisions on the protection of geographical indications and further promote the protection of geographical indication products, these working rules are formulated.

Article 2 The following products may apply for approval of the protection of geographical indications:

(a) the products planted and bred in a specific area are mainly determined by local natural factors;

(2) The products are produced and processed by a specific process in the country of origin, and all the raw materials come from the country of origin. The local natural environment and human factors in the specific process of producing products determine the special quality, characteristic quality and reputation of products;

(3) The products are produced and processed by a specific process in the country of origin, and the raw materials are partly from other regions. The natural environment of origin and human factors in the specific process of producing products determine the special quality, characteristic quality and reputation of products.

Article 3 The main responsibilities of the General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) in the protection and management of geographical indication products are:

(a) to cooperate with the legislative department to carry out the investigation and drafting of laws and regulations on the protection of geographical indications;

(two) to formulate and promulgate rules and regulations for the protection of geographical indication products;

(three) to formulate plans and plans for the development of geographical indications and organize their implementation;

(3) Organizing, coordinating and guiding the administrative law enforcement activities for the protection of geographical indications;

(four) to be responsible for the formal examination of the application for the protection of geographical indication products;

(five) to accept the application for the protection of geographical indication products and issue an acceptance announcement;

(six) to organize and coordinate the objection to the application for the protection of geographical indication products;

(seven) to organize and manage the technical team of experts to carry out technical review;

(eight) to handle and publish the approval announcement for the protection of geographical indication products;

(nine) to approve the application for the use of special signs for geographical indication protection products;

(ten) to organize publicity and training on the protection of geographical indication products;

(eleven) to organize and participate in international cooperation and exchange activities for the protection of geographical indications; Representing the country in the WTO negotiations on geographical indications;

(twelve) to apply for the protection and registration of foreign geographical indications and organize mutual recognition and cooperation;

Article 4 The main responsibilities of the entry-exit inspection and quarantine bureaus directly under the Central Government and the provincial quality and technical supervision bureaus (hereinafter referred to as "provincial quality inspection institutions") are:

(a) to guide and coordinate the protection of geographical indication products in this region according to the division of labor;

(two) to be responsible for the preliminary examination of the application for the protection of geographical indication products in this area according to the division of labor;

(3) To be responsible for designating inspection institutions for products protected by geographical indications;

(four) responsible for examining the application of producers to use the special marks of geographical indication products;

(five) to be responsible for guiding the formulation of technical documents for the protection of geographical indication products;

(six) to investigate and deal with illegal acts of geographical indication products within their respective jurisdictions.

Article 5 About local quality inspection institutions. Where the origin of the products applying for protection is within the county, the local quality inspection agency for the protection of geographical indications shall be the county quality and technical supervision bureau or the entry-exit inspection and quarantine branch within its jurisdiction (if there is no entry-exit inspection and quarantine branch, the entry-exit inspection and quarantine bureau directly under it shall be responsible); Where the origin of the products applying for protection crosses the county, the local quality inspection agency shall be the prefectural, municipal (state) Bureau of Quality and Technical Supervision or the entry-exit inspection and quarantine branch within its jurisdiction (if there is no entry-exit inspection and quarantine branch, it shall be the responsibility of the entry-exit inspection and quarantine bureau directly under it); Where the protected area crosses the city, the local quality inspection agency shall be the entry-exit inspection and quarantine bureau of the municipality directly under the Central Government or the bureau of quality and technical supervision of the province (autonomous region or municipality directly under the Central Government). The main responsibilities of local quality inspection institutions are:

(a) to assist the applicant to apply for the protection of geographical indication products;

(two) to be responsible for the preliminary examination of the application for the use of special signs by producers, and to supervise and manage the printing, distribution and use of special signs;

(three) responsible for the daily supervision and management of geographical indication protection products;

(four) responsible for drafting provincial local standards for geographical indication products, and organizing the formulation of technical specifications or standards for the production process of geographical indication products;

(five) to investigate and deal with the infringement of geographical indication products within the scope of origin.

Article 6 Only products named after geographical names can be called products protected by geographical indications after the application is approved. Geographical indication names are composed of names with geographical indication functions and common names of products that reflect the true attributes of products. The names of geographical indications must be commercial or daily terms, or names that have been used for a long time and have a certain popularity.

Article 7 The protection of geographical indication products shall follow the principle of voluntary application. The principle of openness, fairness and impartiality shall be adhered to in the acceptance and examination and approval of applications for the protection of geographical indication products.

Article 8 Under any of the following circumstances, the products applied for shall not be protected by geographical indications:

1. It may cause damage to the environment, ecology and resources or harm to health;

2. The product name has become a common name;

3. The quality characteristics of products have nothing to do with local natural factors and human factors;

4. The geographical scope is difficult to define, or the geographical scope of the application for protection is inconsistent with the actual origin.

Article 9 The application for the protection of geographical indication products shall be filed by the application institution for the protection of geographical indication products designated by the local people's government at or above the county level (including the county level, the same below) or the association or enterprise recognized by the people's government (hereinafter referred to as the applicant), and the applicant shall be responsible for preparing the relevant application materials. Where the applicant is a local people's government at or above the county level, a leading group for the protection of geographical indication products may be established to be responsible for the protection of geographical indication products.

Article 10 An applicant shall fill in the Application for the Protection of Geographical Indications Products (see Annex 2) and provide the following information:

(a) documents of the local people's governments at or above the county level to set up reporting institutions or designate associations and enterprises as applicants;

(two) the official letter of the local people's government at or above the county level on defining the geographical scope of product protection, and the scope of protection is generally specific to the township level; The scope of aquaculture is generally bounded by natural waters;

(three) the current effective special standards or management norms of the declared products;

(four) materials to prove the characteristics of the product, including:

1. Be able to explain the product name, origin range and geographical features;

(2) can explain the historical origin, popularity, production and sales of products;

3. Be able to explain the quality characteristics of products, such as physical, chemical and sensory indicators, and their correlation with natural and human factors of origin;

4. Provisions on product production technology, including raw materials, production technology, flow, safety and hygiene requirements, main quality characteristics, technical requirements of processing equipment, etc. ;

5 other supporting materials, such as local chronicles, award-winning certificates, test reports, etc.

Eleventh provincial quality inspection agencies are responsible for the preliminary examination of applications. First, no expert review meeting will be organized. Those who pass the preliminary examination shall submit the preliminary examination opinions to the AQSIQ and report the relevant documents and materials to the AQSIQ.

Article 12 AQSIQ shall be responsible for the formal examination of applications that have passed the preliminary examination. If the formal requirements are incomplete or do not meet the specified requirements, AQSIQ will issue a notice of formal examination opinions to provincial quality inspection institutions within 30 working days (see Annex 3). Those who have passed the formal examination shall be issued an acceptance announcement through the bulletin of the AQSIQ and the official website.

Thirteenth objection period is 2 months from the date of acceptance of the announcement. Objection coordination generally follows the principle of territoriality. If an objection is received within the objection period: (1) If the objection is limited to this province, the AQSIQ shall authorize the relevant provincial quality inspection institutions to handle it, and timely feedback the result of the objection handling. When necessary, AQSIQ may, at the request of provincial quality inspection institutions, listen to experts' opinions and organize and coordinate; (2) Inter-provincial objections shall be organized and coordinated by AQSIQ.

Article 14 Preparation of Technical Review. After the announcement is accepted, the applicant shall prepare the relevant documents of the expert technical review meeting, including: 1, the declaration report of the declared product; 2, declare the product quality and technical requirements.

The statement report is a summary of the application materials, which should focus on the product name, popularity, quality characteristics and its correlation with natural and human factors of origin, as well as the follow-up supervision measures to be taken.

Quality and technical requirements, as the basis for the approval of the announcement by AQSIQ, are the refinement and generalization of the key factors that determine the quality characteristics in the original standards or technical specifications, and are mandatory. The contents include product name, protection scope of origin, environmental conditions that must be implemented to ensure product characteristics, production process specifications, sensory characteristics and physical and chemical indicators of products.

Article 15 If there is no objection to the announcement or the objection has been handled, and the preparatory work for technical review has been completed, the provincial quality inspection institution shall put forward a proposal to the AQSIQ to convene a technical review meeting. The General Administration of Quality Supervision, Inspection and Quarantine has set up an expert evaluation committee for geographical indication products, and has sub-committees according to professional fields and product categories. The expert review committee shall hire experts to hold technical review meetings as needed. The composition of experts generally includes legal, professional and technical, quality inspection, standardization, management and other personnel. The number of members is odd, generally more than 7, but not more than11;

Sixteenth expert technical review includes:

(a) to listen to the statements of the representatives of the applicant;

(2) Examining the application materials and certification materials of the products;

(three) technical discussion around the product name, popularity and the correlation between local natural factors and human factors;

(four) the formation of meeting minutes;

(five) put forward suggestions on the protection of geographical indication products, including:

1. Whether the declared products should be protected by geographical indications;

2. Existing problems and suggestions.

(six) to discuss the product quality and technical requirements.

Article 17 If the technical examination is qualified, AQSIQ will issue a notice that the product is protected by geographical indication products. Issue certificates for the protection of geographical indication products (related matters shall be stipulated separately).

Article 18 The applicant shall provide the current effective product-specific standards or management norms in the application materials as the basis for the approval announcement and comprehensive standards of products protected by geographical indications.

After the announcement of approval, the provincial quality inspection institutions shall, within 3-6 months, organize the applicants to improve the standard system of geographical indication products on the basis of the original special standards or technical specifications under the framework of "quality and technical requirements" in the announcement of approval, which should generally be published in the form of provincial local standards and reported to the technical institutions entrusted by AQSIQ for review and filing.

Article 19 Where producers of geographical indication products need to use special marks for geographical indication products, they shall apply to the local quality inspection agency determined by the approval announcement and submit the following materials:

(1) Application for the use of special signs for geographical indication products (see Annex 4);

(two) the certificate issued by the competent department of origin that the product is produced in a specific geographical range;

(three) the inspection report issued by the designated quality inspection agency.

Article 20 Provincial quality inspection institutions shall examine the application of producers for using special signs, and submit the relevant information and the summary table of the use of special signs (see Annex 5 for the format) to the AQSIQ in written and electronic forms respectively, and the AQSIQ shall issue an announcement approving the use of geographical indications by enterprises to protect the special signs of products.

Article 21 The printing of special marks for geographical indication protection products shall be carried out in accordance with the requirements of Announcement No.2004. AQSIQ 109 in 2006.

Twenty-second special signs are:

(a) affixed to or hung on a product or package;

(two) directly printed on the product label or packaging;

(three) at the request of the applicant or according to the actual situation, take the corresponding way of marking.

Directly printed on product labels or packages shall be subject to the supervision and management of local quality inspection institutions, and the printed quantity shall be registered for the record.

The local quality inspection institutions designated in the approval announcement of the General Administration of Quality Supervision, Inspection and Quarantine must control the number of special signs used and establish a product traceability system.

Twenty-third producers who have obtained the qualification for the use of special signs shall mark the words "products protected by national geographical indications" on the product packaging label, and mark the names of products protected by geographical indications in a prominent position on the label. At the same time, the mandatory provisions of the state on product packaging labeling should be implemented.

Article 24 Where special signs are used, the announcement number, product standard number of geographical indications and general product standard approved by AQSIQ shall be marked at the same time.

Article 25 Local quality inspection institutions shall protect products protected by geographical indications according to law. We should organize and improve the comprehensive standard system of geographical indication products to protect the stability and consistency of product quality characteristics; Improve the inspection and testing system of geographical indication products and effectively crack down on counterfeiting and infringement; Improve the quality assurance system and process management measures to protect the quality reputation of geographical indication products from damage; In order to purify the production and circulation environment and protect the intellectual property rights of producers of geographical indication products, we should organize to crack down on infringement according to law.

Article 26 The quality inspection of geographical indication products shall be undertaken by the designated statutory inspection institutions. When necessary, AQSIQ will organize re-inspection.

Twenty-seventh local quality inspection agencies to implement the following daily supervision and management of geographical indication protection products:

1. Protect the product name and supervise the infringement in this respect so as to take protective measures according to law;

2. Supervise whether the products conform to the announcements and standards for the protection of geographical indications, and ensure the standardized production of protected products in specific areas;

3. On-site inspection of product production environment, production equipment and product standards compliance, etc. In order to prevent arbitrary changes in production conditions and affect product quality characteristics;

4. Raw materials should be inspected and inspected in the factory, and the manufacturer should file the purchase invoice and inspection data for traceability;

5. Supervise the production process, and the producer shall not change the traditional technological process at will to damage the quality characteristics of the products;

6. Monitor the quality grade and output, and the producer shall not change the grade standard or overproduce at will;

7. Supervise the printing, distribution and use of packaging marks and special marks of geographical indication products, and establish account books to prevent abuse or other acts that are not used as required.

Article 28 The General Administration of Quality Supervision, Inspection and Quarantine arranges a certain number of geographical indication protection products to be included in the catalogue of supervision and spot checks every year, focusing on the inspection of product names, quality, output, packaging, labels and the use of special marks. The Provincial Bureau of Quality and Technical Supervision shall incorporate a certain number of geographical indication protection products into the catalogue of local supervision and spot checks every year; The entry-exit inspection and quarantine bureau directly under the central government shall conduct inspection and spot check on a certain number of geographical indication protection products exported within its jurisdiction every year. Quality inspection institutions at all levels shall investigate and deal with acts of counterfeiting products protected by geographical indications according to their functions.

Unauthorized use or forgery of geographical indication names and special signs; Using the names of geographical indication products that do not meet the requirements of the standards and management norms of geographical indication products; Or use a name or logo that is similar to the special logo and easy to be misunderstood, and a text or pattern logo that may mislead consumers, so that consumers mistakenly think that the product is a product protected by geographical indications, and the quality and technical supervision department and the entry-exit inspection and quarantine department will investigate and deal with it according to law. Consumers, social organizations, enterprises and individuals can supervise and report.

Twenty-ninth provincial quality inspection institutions shall report the protection of geographical indication products and the use of special signs in the previous year to the General Administration of Quality Supervision, Inspection and Quarantine before the end of March each year.

Thirtieth personnel engaged in the protection of geographical indication products should be loyal to their duties and handle affairs impartially. It is necessary to conscientiously study and publicize the protection system for geographical indication products, guide the applicants to apply, give timely feedback to the applicants on the audit opinions of the competent department at the next higher level, and perform the relevant duties for the protection of geographical indication products. It is strictly prohibited to abuse power for personal gain, increase the burden on the applicant and damage the reputation of the quality inspection system; Shall not disclose technical secrets, so that producers suffer losses. In violation of the above provisions, administrative disciplinary action shall be given; If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-first quality inspection institutions at all levels shall not charge any fees to the applicants for the protection of geographical indication products.

Article 32 The application materials submitted to AQSIQ shall be in duplicate, printed and bound. The electronic version of the application materials and application forms shall be sent to AQSIQ at the same time.

Article 33 The forms specified in these Detailed Rules shall be uniformly formulated by AQSIQ, and local quality inspection institutions may download and print them on the website of AQSIQ.

Attachment 1:

Work procedures for the protection of geographical indication products, work flow, work stage, documents and materials of work departments I. Declaration

prepare

Relevant applicant institutions and people's governments at or above the county level [at or above the county level (district)] (1) where the products are located put forward suggestions on delineating the protection scope of geographical indication products.

(2) The people's governments at or above the county level shall set up reporting institutions to sort out reporting materials.

(3) Collect and sort out the current standards or technical specifications of products.

(4) Collect and sort out the existing product inspection reports. 1. Application for protection of geographical indication products

2. Documents on the establishment of a declaration institution for geographical indication products

3 "Proposal of the People's Government at or above the county level to delimit the scope of protection of geographical indication products"

4. The current standards or technical specifications of the declared products (enterprise standards must be approved by the local standardization department)

5. Entry-Exit Inspection and Quarantine Bureau of the jurisdiction where the application materials are related and the products are located (1)(3)(4), same as above.

(2) The government authorizes the associations and enterprises to apply as the reporting entities, and organizes the application materials 1.3.4.5 as above.

2. Letter from the government authorizing associations and enterprises as the subject of declaration 2. preliminary examination/check

(5) The provincial quality inspection institutions shall conduct a preliminary examination of the suggestions and application materials put forward by the reporting institutions, and the preliminary examination time shall generally not exceed 30 working days.

(6) Submit preliminary examination opinions 1. Submit the above related materials to the General Administration.

2. Letter of preliminary examination opinions. accept

Stage (7) If the formal requirements of the management organization and the expert committee are unqualified, a notice of examination opinions shall be issued to the provincial quality inspection organization within 30 working days;

(8) If the formal requirements are qualified, enter the acceptance procedure.

(9) Release the acceptance announcement

(10) Accept the objection. The above related materials.

2. Notice of review opinions

3. accept the notice. review

agree with

Stage provincial quality inspection institutions

The applicant (1 1) is ready to review 1. Geographical indication product display report.

2. Technical requirements for product quality

3. Application materials

4 provincial quality inspection agencies to apply for a meeting of experts on the protection of geographical indications.

Provincial quality inspection institutions (12) handle objections. The objection period is 2 months. If there is any objection, the provincial quality inspection agency is generally responsible for coordination; If there is no objection, the General Administration will organize an expert review meeting. Minutes of Meeting of Expert Review Meeting (13) The applicant of the quality inspection institution of the place of origin modifies the product quality and technical requirements and other relevant documents according to the opinions of the expert review meeting. The applicant of the General Administration of Quality Supervision, Inspection and Quarantine (14) reported the product quality and technical requirements to the General Administration of Quality Supervision, Inspection and Quarantine, and the General Administration of Quality Supervision, Inspection and Quarantine drafted an announcement after being confirmed by experts.

(15) Announcement of Approval for Protection of Geographical Indications Products The General Administration of Quality Supervision, Inspection and Quarantine (16) issued a certificate of protection of geographical indications products to the reporting institution V. Geography

symbol

product

technology

standard

system

Dejian

Establish provincial quality inspection institutions

Quality inspection agency of origin (17) Provincial quality inspection agencies shall organize the formulation of comprehensive standards for geographical indication products according to the quality and technical requirements in the approval announcement of the General Administration. After the comprehensive standards of the General Administration of Comprehensive Standards for the Protection of Geographical Indications (18) are formulated, the provincial quality inspection institutions shall report to the technical institutions entrusted by the General Administration for the record. Special use of intransitive verbs

symbol

Report to the superior

The producer (19) of the stage quality inspection agency of the place of origin applied to the quality inspection agency of the place of origin for using the special mark, and submitted relevant materials. 1. Apply for the use of special marks for geographical indication products.

2. Comprehensive standards for geographical indication protection products

3. Brief introduction of product manufacturer

4. Products (including raw materials) produced in specific areas.

5. Inspection report issued by the designated product quality inspection agency.

6. Summary table of enterprises applying for special signs (including electronic version) Provincial quality inspection institutions (20) Provincial quality inspection institutions provide audit opinions and related materials to the General Administration. Seven. be used for a special purpose

symbol

register

register

State Taxation Administration of The People's Republic of China Administration (2 1) registered and issued a public announcement, and approved the use of special signs.

(22) Issue the Certificate for the Use of Special Marks for Geographical Indication Products 1 to enterprises. Announcement on approving enterprises to use geographical indications to protect product special signs.

2. Certificate of use of special signs for geographical indication protection products. In the follow-up supervision stage, 23 quality inspection institutions in the place of origin are responsible for supervising the printing, distribution and use of special signs.

(24) monitoring the scope of protection of geographical indication products.

(25) Monitor the production quantity.

(26) Implement daily quality monitoring from raw materials to sales.

(27) Supervision mark 1. Measures for the supervision and administration of geographical indication products

2. Measures for the Administration of Printing, Distributing and Using Special Signs (28) Provincial quality inspection institutions are responsible for the supervision and administration of the protection of geographical indication products within their respective jurisdictions. The General Administration of Quality Supervision, Inspection and Quarantine (29) uniformly manages the protection of geographical indication products. Note: The "quality inspection institution of origin" refers to the management institution determined in the approval announcement issued by AQSIQ.

Attachment 2:

Application for protection of geographical indication products

Product name:

Reporting agency:

Preliminary examination institution:

general administration of quality supervision, inspection and quarantine of the people's republic of china

2009 system