Chapter 3 - The Regulatory Environment for Wine in China

Abstract

China’s accession to the World Trade Organization in 2001 has been the source of major changes and important reforms in its laws. For example, the concept of geographical indications (GIs) was not originally included in the Trademark Law but it was confirmed in the latest Trademark Law which entered into force on May 1, 2014. The interest of the country to attract foreign investment and technology at the end of the 1970s was a stimulating factor in the introduction of an intellectual property policy and the harmonization of the laws with regard to GIs, as was the Trade-Related Intellectual Property Rights Agreement. Thus, in 1989, there was a circular issued by the State Administration for Industry and Commerce concerning the cessation of the use of the name ‘Champagne’ in relation to alcoholic drinks. China’s economic rapid growth also gave more opportunities for doing business, including in the wine sector. As a result, there are nowadays few major differences between Chinese laws and those of other countries despite the fact that China is not part to the International Organization of Vine and Wine. Furthermore, precautions are needed for wine producers to protect and enforce their rights in a country where counterfeiting could represent 10% of the gross domestic product. This is particularly true in view of the new challenges in a digital economy. This chapter focuses particularly on the French experience but with implications which are relevant for wine producers and importers from all countries.