China Approves Collective Trademark for Cognac

Cognac is now officially registered as a collective trademark in China. This is great news for the category as it adds extra protection to fight against counterfeit products. China is the second largest market for Cognac with imports last year running up to 35.5 million bottles according to the BNIC.

Chinese officials and representatives from Cognac have been working together closely for over ten years and this new regulation really strengthens their business relations. Cognac was the first foreign Geographical Indication recognized by China back in December 2009. When the registration was originally initiated it offered a very good level of protection for Cognac. It guaranteed that only wine spirits produced in the Cognac AOC and that followed the regulations set forth by the BNIC could use the term ‘Cognac’ on the label in French and Chinese in China.

With this new trademark, it adds stricter laws and consequences for breaking them. Edouard de Kervenoaël, legal director of the Cognac appellation, said, “This new legal tool to defend the brands’ rights will be extremely important to increase our level of protection.” As an example, their neighbors to the south in Bordeaux have already had some success using this same trademark for their own wine category. They announced that Bordeaux became the first collective brand to get a victory in criminal proceedings in China.

“After directly filing a complaint for counterfeiting, in March 2019 the CIVB (Conseil Interprofessionnel du Vin de Bordeaux) seized counterfeit wines on a stand at the Chengdu wine fair. The Pudong court in Shanghai sentenced the defendant to an 18-month suspended prison sentence and fines of €13,000 for his company and €6,500 personally, for a trademark counterfeiting offense involving a batch of nearly 10,000 bottles. The case, with this solid legal foundation, [may] act as a catalyst and encourage the various Chinese authorities and administrations to pursue and bring similar cases to a successful conclusion.”

Vitisphere, www.vitisphere.com

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