China Working to Fulfill Phase One Commitments with CCFN Guidance

May 29th, 2020

In its Phase One deal with the U.S., China made critical commitments to lay out indicators of generic status and mandate greater clarity regarding the scope of protection for multi-term geographical indications (GIs). CCFN recently submitted comments to the Chinese government to help ensure it fulfills these commitments by advising on the development of its Guide on Determining Generic Names in the Protection of Geographical Indications.

CCFN submitted several direct recommendations, including the need to explicitly capture standards promulgated by the Codex Alimentarius as sufficient evidence of a good’s genericism in the evaluation process of all GI applications.

China has so far demonstrated its clear willingness to comply with its commitments under the Phase One deal, and CCFN’s comments on the Guide noted China’s desire to implement the deal in accordance with the spirit of the agreement while also advocating for further changes in areas where the guide fell short of the Phase One deal’s stated promises. It is the goal of CCFN that these comments should be a helpful tool for China to improve protections for common food names.