WHD-Peksungip Express No. 38–April2017issue

INVALIDATION ACTION AGAINST A COPYCAT OF FRENCH GI

The Trademark Review and Adjudication Board and the Beijing Intellectual Property Court invalidated a copycat of an unregistered French GI in China by invoking the Article 10.2 (foreign geographical name known to the public is prohibiting from being registered as a trademark) and Article 10.1.8 (unhealthy influence) of the 2001 Trademark Law.

Case Brief

The INSTITUT NATIONAL DE L'ORIGINE ET DE LA QUALITE (previously known as Institut National des Appellations d'Origine - INAO) is the French government bureau regulating agricultural products with Protected Designations of Origin (PDOs). INAO forms part of the French Ministry of Agriculture.