Recently, the China National Intellectual Property Administration released the “2025 Typical Cases of Administrative Protection of Intellectual Property Rights”. The case “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 Case Overview
The Scotch Whisky Association (the “Association”) discovered that a certain trading company in Shanghai had, in the course of promotion, sale, product identification and labeling of 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 geographical indication products.
Lusheng Law Firm, acting for the Association, filed an administrative complaint with the Shanghai Songjiang District Administration for Market Regulation, requesting that the authority, in accordance with the law, investigate and deal with the acts of the party concerned in unlawfully 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 a fine.
During the handling of the case, the Shanghai Songjiang District Administration for Market Regulation conducted a comprehensive verification of the facts throughout the entire chain, including product origin, labeling, bottling process and market circulation. With respect to difficult issues of law application such as bottling outside the place of origin and bottling in bonded zones, it carried out professional review and legal analysis strictly in accordance with the quality control standards for geographical indication products. Ultimately, it imposed administrative penalties in accordance with the law, including 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
I. Basing on the Place-of-Origin Principle of Geographical Indications to Resolve New Types of Enforcement Disputes
This case closely centers on the core requirement of place of origin in the protection of geographical indications, and accurately responds to new types of industry disputes such as bottling outside the place of origin and bottling in bonded zones. It clearly defines 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 their application in complex scenarios.
II. Focusing on Quality and Label Compliance Control to Create a Replicable Model of Administrative Protection
The enforcement authority, taking the quality requirements of geographical indication products as the core basis, conducted a comprehensive fact-finding and legal applicability assessment, thereby achieving accurate characterization of the unlawful use. This case provides referential experience for the application of administrative protection discretion standards for geographical indications and the improvement of case-handling procedures, which is conducive to further enhancing the professionalism and standardization of administrative protection of geographical indications, and to fostering a fair and orderly business environment and a sound intellectual property protection ecosystem. In this case, the Lusheng team, taking into account the specific circumstances, actively assisted the enforcement authority in making more refined determinations and dispositions of the relevant unlawful facts, thereby helping to strengthen compliance warnings to business operators and providing guidance to the industry.
