Recently, the China National Intellectual Property Administration released the “Typical Cases of Administrative Protection of Intellectual Property Rights for the Year 2025”. The case titled “Unauthorized Use of the Geographical Indication Product Name ‘Scotch Whisky’” handled by Lusheng Law Firm on behalf of the Scotch Whisky Association was honorably selected.
Brief Overview of the Case
The Scotch Whisky Association (the “Association”) discovered that a certain trading company in Shanghai had, in the course of advertising, selling, product marking and labeling of its whisky products, used the geographical indication product name “Scotch Whisky” without authorization, and that the labeling content did not comply with the technical specifications for the geographical indication product.
Lusheng Law Firm, acting on behalf of the Association, filed an administrative complaint with the Market Supervision and Administration Bureau of Songjiang District, Shanghai, requesting that the authority, in accordance with the law, investigate and deal with the acts of the party concerned in illegally using the geographical indication product name and in non-compliant labeling, order cessation of the unlawful acts, confiscate the products involved and the illegal gains, and impose fines.
During the handling of the case, the Market Supervision and Administration Bureau of Songjiang District, Shanghai conducted a comprehensive verification of the entire chain of facts concerning product origin, labeling, bottling processes and market circulation. With respect to difficult issues concerning the application of law to overseas bottling and bonded zone bottling, the authority carried out professional review and legal analysis strictly based on the quality control standards for geographical indication products, and ultimately, in accordance with the law, imposed administrative penalties such as confiscation of the products involved and fines, while at the same time urging rectification of relevant compliance loopholes in business operations, thereby sending a clear regulatory signal to the market regarding the standardized use of geographical indication product names and the strict fulfillment of label compliance responsibilities.
Typical Significance
1. Basing on the Place-of-Origin Criteria for Geographical Indications to Resolve New Types of Enforcement Disputes
This case closely focuses on the core requirement of place of origin in the protection of geographical indications, and accurately addresses new types of industry disputes such as overseas bottling and bonded zone bottling, clearly defining that the lawful use of a geographical indication product name must strictly follow the corresponding technical standards and management specifications. In the course of handling the case, the Lusheng team, on behalf of the Association, sorted out and submitted the key points of the technical requirements for the geographical indication “Scotch Whisky”, and put forward legal analyses and evidentiary support regarding the disputed aspects, thereby assisting in clarifying the determination of types of geographical indication infringements and the legal basis for application in complex scenarios.
2. Focusing on Quality and Label Compliance Control to Create a Replicable Model for Administrative Protection
The law enforcement authority, taking the quality requirements for geographical indication products as the core basis, conducted a comprehensive fact-finding and assessment of legal application, thereby achieving precise characterization of the unlawful use acts. This case provides referential experience for the application of discretionary standards in administrative protection of geographical indications and the improvement of case-handling procedures, which is conducive to further enhancing the professionalism and standardization of administrative protection work for geographical indications, and to fostering a fair and orderly business environment and a sound ecosystem for intellectual property protection. In this case, the Lusheng team, in light of the specific circumstances, actively assisted the law enforcement authority in making more refined determinations and dispositions of the relevant unlawful facts, thereby contributing to strengthening compliance warnings to business operators and providing guidance to the industry.
