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The protection system of geographical indication products originated in Europe and has a history of more than one hundred years
.
European countries such as France have established a complete protection system for geographical indication products
.
From the experience of the European Union and the French point of view, the Ministry of Agriculture doors GI product management played a leading role
.
The development experience of the European Union and France's geographical indication management system has important reference significance for improving the management level of geographical indication agricultural products in China
.
.
European countries such as France have established a complete protection system for geographical indication products
.
From the experience of the European Union and the French point of view, the Ministry of Agriculture doors GI product management played a leading role
.
The development experience of the European Union and France's geographical indication management system has important reference significance for improving the management level of geographical indication agricultural products in China
.
1.
Management and Use of Geographical Indications in the European Union
Management and Use of Geographical Indications in the European Union
(1) European Union geographical indication management model
.
The EU has formed four sets of management regulations for agricultural products and food, wine, spirits, and aromatic wines: Agricultural Products and Food Regulations-(EU) No.
1151/2012, Wine Regulations-(EU) No.
1308/2013, Liquor Regulations-(EU) No.
2019/787 and Aromatic Wine Regulations-(EU) No.
251/2014
.
.
The EU has formed four sets of management regulations for agricultural products and food, wine, spirits, and aromatic wines: Agricultural Products and Food Regulations-(EU) No.
1151/2012, Wine Regulations-(EU) No.
1308/2013, Liquor Regulations-(EU) No.
2019/787 and Aromatic Wine Regulations-(EU) No.
251/2014
.
(2) The main types of EU geographical indications
.
There are three main types of Geographical Indications of the European Commission: Protected Appellations of Origin (PDO, for food and wine); Protected Geographical Indications (PGI, for food and wine); Geographical Indications (GI, for spirits and aromatic wines)
.
.
There are three main types of Geographical Indications of the European Commission: Protected Appellations of Origin (PDO, for food and wine); Protected Geographical Indications (PGI, for food and wine); Geographical Indications (GI, for spirits and aromatic wines)
.
1.
Definition of PDO: The name used to identify products whose quality or characteristics depend on the geographical environment (natural and human factors)
.
For food, all stages of raw materials and production are required to occur in this geographic area; for wine, grapes and all production stages are required to occur in this geographic area (only for the cultivation of grape varieties for winemaking)
.
Definition of PDO: The name used to identify products whose quality or characteristics depend on the geographical environment (natural and human factors)
.
For food, all stages of raw materials and production are required to occur in this geographic area; for wine, grapes and all production stages are required to occur in this geographic area (only for the cultivation of grape varieties for winemaking)
.
2.
Definition of PGI: The name refers to the origin of agricultural products or food from the geographic area, and a certain quality, reputation or other characteristics of it can be attributed to this geographic origin
.
For food: the raw materials are not restricted by region, and the processing and production stage can be in the region
.
For wine: It is required that 85% of the grape raw materials come from this region, and the wine is produced in this region, and the use of wine grape varieties is allowed to be blended
.
Definition of PGI: The name refers to the origin of agricultural products or food from the geographic area, and a certain quality, reputation or other characteristics of it can be attributed to this geographic origin
.
For food: the raw materials are not restricted by region, and the processing and production stage can be in the region
.
For wine: It is required that 85% of the grape raw materials come from this region, and the wine is produced in this region, and the use of wine grape varieties is allowed to be blended
.
3.
The definition of GI: The most basic contribution to the special quality and quality or reputation of spirits is related to its geographic area, and the raw materials are not subject to geographic restrictions
.
The definition of GI: The most basic contribution to the special quality and quality or reputation of spirits is related to its geographic area, and the raw materials are not subject to geographic restrictions
.
(3) The registration procedure of EU geographical indication products
.
.
1.
Producers' collective organizations (industry associations) initiate applications and write detailed production regulations
.
Producers' collective organizations (industry associations) initiate applications and write detailed production regulations
.
2.
Producers' associations submit documents for publicity
.
Producers' associations submit documents for publicity
.
3.
For products from EU countries, first conduct research and judgment in the national authority of the member states; at the level of non-EU countries, the product should be a product that has been protected as a geographical indication
.
For products from EU countries, first conduct research and judgment in the national authority of the member states; at the level of non-EU countries, the product should be a product that has been protected as a geographical indication
.
4.
For the protection of products with geographical indications of third countries in Europe: they are included in the bilateral free trade agreement (FTA) and protected by the rules of the agreement, and directly registered through the procedures stipulated by one of the four EU regulations
.
For the protection of products with geographical indications of third countries in Europe: they are included in the bilateral free trade agreement (FTA) and protected by the rules of the agreement, and directly registered through the procedures stipulated by one of the four EU regulations
.
(4) The use of EU geographical indication product marks
.
As of September 1, 2019, the EU has registered 3178 geographical indication products, including 1,329 foods, 1,605 wines, 239 spirits, and 5 aromatic wines
.
32 countries have signed bilateral agreements with the European Union, and 14 bilateral negotiations are ongoing
.
There are 1,588 products protected by third country geographical indications in the EU
.
.
As of September 1, 2019, the EU has registered 3178 geographical indication products, including 1,329 foods, 1,605 wines, 239 spirits, and 5 aromatic wines
.
32 countries have signed bilateral agreements with the European Union, and 14 bilateral negotiations are ongoing
.
There are 1,588 products protected by third country geographical indications in the EU
.
2.
The system and management of geographical indications in France
The system and management of geographical indications in France
France is a major agricultural country in the EU, and its agricultural output accounts for about 20% of the EU
.
France has complete laws, regulations, and standards, as well as special management and third-party control agencies, which provide guarantees for the protection of geographical indications of agricultural products.
It also implements the entire quality and safety supervision of "from field to table"
.
.
France has complete laws, regulations, and standards, as well as special management and third-party control agencies, which provide guarantees for the protection of geographical indications of agricultural products.
It also implements the entire quality and safety supervision of "from field to table"
.
(1) French agricultural product labeling system
.
The French Ministry of Agriculture has set up the National Geographical Indications Administration (INAO), which is a public agency for the management of official quality and origin identification products.
Its main responsibilities are: responsible for implementing French product policies, determining the origin and high quality of products; in charge of French origin Producing area naming control mark AOC/protected designation of origin PDO, protected geographical indication PGI, red label LR for high-quality products, traditional special product guarantee TSG and organic farm certification AB and other related work
.
INAO has an annual budget of 23 million euros
.
.
The French Ministry of Agriculture has set up the National Geographical Indications Administration (INAO), which is a public agency for the management of official quality and origin identification products.
Its main responsibilities are: responsible for implementing French product policies, determining the origin and high quality of products; in charge of French origin Producing area naming control mark AOC/protected designation of origin PDO, protected geographical indication PGI, red label LR for high-quality products, traditional special product guarantee TSG and organic farm certification AB and other related work
.
INAO has an annual budget of 23 million euros
.
(2) Procedures and standards for the registration and review of French geographical indications
.
The approval period for registration of French geographical indications is generally 3 to 5 years, with an average of 4 years, and the longest period is 10 years
.
The process of applying for registration is first the establishment of the applicant.
The applicant can only be an organization composed of multiple producers, that is, an industry association, which can independently bear civil legal liabilities; jointly draft a product production procedure; all producers promise to abide by Production procedures to ensure product quality; the applicant can also modify the production procedures, but it must be confirmed and approved by the geographical indication management department
.
.
The approval period for registration of French geographical indications is generally 3 to 5 years, with an average of 4 years, and the longest period is 10 years
.
The process of applying for registration is first the establishment of the applicant.
The applicant can only be an organization composed of multiple producers, that is, an industry association, which can independently bear civil legal liabilities; jointly draft a product production procedure; all producers promise to abide by Production procedures to ensure product quality; the applicant can also modify the production procedures, but it must be confirmed and approved by the geographical indication management department
.
(3) Policies and usage models for the registration and management of geographical indications in France
.
From the beginning of the application, the applicant should report all producers to INAO to set up 8 regional offices and 18 service stations in the production areas across the country for preliminary review and on-site verification
.
Once a geographical indication product is approved, all producers in the area have the right to use the sign, but the applicant (ie the industry association) needs to pay a fee for use
.
.
From the beginning of the application, the applicant should report all producers to INAO to set up 8 regional offices and 18 service stations in the production areas across the country for preliminary review and on-site verification
.
Once a geographical indication product is approved, all producers in the area have the right to use the sign, but the applicant (ie the industry association) needs to pay a fee for use
.
(4) France's post-certification supervision system and experience on geographical indications
.
INAO has identified 12 qualified third-party regulatory agencies nationwide
.
For approved geographical indications, the applicant (association) of the landmark will determine which of the 12 third-party organizations is the regulatory agency and pay the corresponding regulatory fees (negotiation between the two parties).
The control plan must be obtained by the National Control Committee.
Approved
.
This post-certification supervision method not only solves the problem of insufficient staff in government agencies, but also reflects the objective and fairness of third-party supervision
.
At the same time, detailed punishment measures have been specified for violations of the provisions on the protection of geographical indications
.
.
INAO has identified 12 qualified third-party regulatory agencies nationwide
.
For approved geographical indications, the applicant (association) of the landmark will determine which of the 12 third-party organizations is the regulatory agency and pay the corresponding regulatory fees (negotiation between the two parties).
The control plan must be obtained by the National Control Committee.
Approved
.
This post-certification supervision method not only solves the problem of insufficient staff in government agencies, but also reflects the objective and fairness of third-party supervision
.
At the same time, detailed punishment measures have been specified for violations of the provisions on the protection of geographical indications
.
3.
Enlightenment and suggestions
Enlightenment and suggestions
China has a long history of farming, diverse ecological climate and rich variety resources.
For thousands of years, a large number of agricultural products with unique regional characteristics and unique qualities have been formed
.
The protection and development potential of geographical indication agricultural products is huge .
Studying and learning from the EU and France’s successful experience in the protection of geographical indications of agricultural products in terms of legislative concepts, management models and supervision will help promote the registration and protection of geographical indications of agricultural products in China and the development of characteristic agricultural industries
.
For thousands of years, a large number of agricultural products with unique regional characteristics and unique qualities have been formed
.
The protection and development potential of geographical indication agricultural products is huge .
Studying and learning from the EU and France’s successful experience in the protection of geographical indications of agricultural products in terms of legislative concepts, management models and supervision will help promote the registration and protection of geographical indications of agricultural products in China and the development of characteristic agricultural industries
.
(1) Improve the management system of geographical indication agricultural products
.
In constructing a unified system for the identification of geographical indications, we should give full play to the industry and professional advantages of the agricultural and rural sectors, improve the relevant standards, certification procedures, product traceability, quality supervision and other related systems for the management of geographical indication agricultural products in China, and gradually establish a relationship with China’s geographical indication agricultural products.
Management system suitable for industrial development
.
.
In constructing a unified system for the identification of geographical indications, we should give full play to the industry and professional advantages of the agricultural and rural sectors, improve the relevant standards, certification procedures, product traceability, quality supervision and other related systems for the management of geographical indication agricultural products in China, and gradually establish a relationship with China’s geographical indication agricultural products.
Management system suitable for industrial development
.
(2) Strengthen support for the development of geographical indication agricultural products industry
.
Learn from the experience of the European Union, take the protection and development of geographical indication agricultural products as an important form of agricultural subsidies, and increase support for industrial policies, finance, and scientific and technological services
.
Regarding geographical indication agricultural products as an important carrier for building distinctive agricultural brands and inheriting farming culture, relying on the protection of geographical indication agricultural products, optimizing the layout of production areas, enhancing comprehensive production capacity, organizing the establishment of agricultural standardization bases, agricultural brand promotion and other activities to boost geographic Marks the high-quality development of the agricultural product industry
.
.
Learn from the experience of the European Union, take the protection and development of geographical indication agricultural products as an important form of agricultural subsidies, and increase support for industrial policies, finance, and scientific and technological services
.
Regarding geographical indication agricultural products as an important carrier for building distinctive agricultural brands and inheriting farming culture, relying on the protection of geographical indication agricultural products, optimizing the layout of production areas, enhancing comprehensive production capacity, organizing the establishment of agricultural standardization bases, agricultural brand promotion and other activities to boost geographic Marks the high-quality development of the agricultural product industry
.
(3) Strengthen the supervision and management of geographical indication agricultural products
.
Integrate government supervision, inter-industry supervision and industry self-discipline, pay attention to the supervision of the whole process from production to circulation, and strictly implement the production regulations and quality control system of geographical indications
.
Adhere to the policy of "equal emphasis on quantity and quality, and synchronization of registration and supervision", and strengthen the registration and quality control of agricultural geographical indications
.
Establish a traceability system, improve the routine inspection system, and implement annual supervision and spot checks on registered landmark products and enterprises
.
Strengthen infringement protection and anti-counterfeiting efforts, and safeguard the legitimate rights and interests of sign holders and users in accordance with the law
.
.
Integrate government supervision, inter-industry supervision and industry self-discipline, pay attention to the supervision of the whole process from production to circulation, and strictly implement the production regulations and quality control system of geographical indications
.
Adhere to the policy of "equal emphasis on quantity and quality, and synchronization of registration and supervision", and strengthen the registration and quality control of agricultural geographical indications
.
Establish a traceability system, improve the routine inspection system, and implement annual supervision and spot checks on registered landmark products and enterprises
.
Strengthen infringement protection and anti-counterfeiting efforts, and safeguard the legitimate rights and interests of sign holders and users in accordance with the law
.
(4) Strengthen the international exchange and cooperation of geographical indication agricultural products
.
Actively implement the "China-EU Geographical Indications Protection Agreement", and strengthen exchanges and cooperation with EU countries on the protection of geographical indications technology and management
.
Organize related promotional activities for products that are mutually recognized by China and Europe
.
It is possible to strengthen reference at the system level in advance, strengthen exchanges and mutual trust at the technical level, and gradually promote mutual recognition at the product level into the market
.
.
Actively implement the "China-EU Geographical Indications Protection Agreement", and strengthen exchanges and cooperation with EU countries on the protection of geographical indications technology and management
.
Organize related promotional activities for products that are mutually recognized by China and Europe
.
It is possible to strengthen reference at the system level in advance, strengthen exchanges and mutual trust at the technical level, and gradually promote mutual recognition at the product level into the market
.
