The Industrialization Of The Moutai Liquor

02 Nov 2017

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The MouTai liquor is traditional Chinese white liquor; the white liquor in China is actually distilled liquor, generally about 40-60% alcohol by volume (ABV) [1] . Different from the Whiskey and Brandy and any other wines, the Chinese white liquor is a clear drink usually distilled from sorghum, although sometimes other grains may be used, such as the glutinous rice, wheat, barley, millet, or occasionally Job’s tears. Because of its clarity, Chinese white liquor can be appear similar to several other liquors, but generally has a significantly higher ABV than, for example, Japanese SHOCHU (25%) or Korean soju (20-45%) [2] .

The MouTai is produced in the town of Maotai, in the city of Huairen, Guizhou province, Southwest China. It is believed that the town of Maotai processes a unique climate and vegetation that contributes to the taste of the drink. MouTai, which is classified as "sauce-fragranced" because it offers an exceptionally pure, mild, and mellow soy sauce-like fragrance that lingers after it is consumed. [3] The MouTai of today originated during the Qing Dynasty and first won international fame when winning a gold medal at 1915 Panama-Pacific Exposition in San Francisco, and was also named national liquor in 1951. [4] Till now, MouTai has won 15 international awards and 20 domestic awards since the Chinese Revolution. [5] 

The industrialization of the MouTai liquor

The biggest difference between the Chinese white liquor and other countries’ wines is the ingredients used in the process of the ferment; Chinese white liquor uses a special ingredient, which is called QU. The QU starter culture used in the production of white liquor mash is usually made of pulverized cooked wheat grains and beans, mixed with bacteria. Made simultaneous saccharification and fermentation with the sorghum, and then distilled. The brewing process of MouTai is the perfect fusion of original, traditional brewing model and modern technology, different to the general Chinese white liquor brewing, which has four or more production cycle a year, MouTai liquor brewing has only one production cycle a year, the same batch of raw material needs to add the QU eight times to accumulate the fermentation, and then doing the distilled nine times during seven times blending with the MouTai liquor which stored for over 3 years. Then store in a special wine cellar for 5 years. [6] It’s a very long and complex process. Also rely on the scientific and technology progress, MouTai improved the technology, skills, and quality during the brewing, and registered many patents, the main three patents of the innovation technology are, "Bacillus licheniformis strain and use thereof"(CN102220275), "Saccharomyces cerevisiae engineered yeast and its uses"(CN1807582) and "Method for generating live yeast cell derivative (LYCD) through natural stacking fermentation"(CN102212560). The MouTai industrialization will inevitably produce many innovation technical and commercial identification marks. Those are the objects that must be protected by the intellectual property.

The relationship between the MouTai liquor and the traditional knowledge

Traditional knowledge has been defined as "a cumulative body of knowledge, know-how, practices and representations maintained and developed by peoples with extended histories of interaction with the natural environment. These sophisticated sets of understandings, interpretations and meanings are part and parcel of a cultural complex that encompasses language, naming and classification systems, resource use practices, ritual, spirituality and worldview." [7] 

As the traditional liquor in China, MouTai has the characteristics to be called of traditional knowledge:

The Long History

The MouTai white liquor history spans a century and continues to today. Long-term consumption to a certain crowd and it has a natural acceptable by the human habits. Also the MouTai liquor has the corresponding market.

Rich culture heritage

The MouTai formulations, production process, outlook designs, trademarks are influenced by the Chinese natural environment, human society, traditional Chinese literature, arts, performance, design, and scientific works, Which make the MouTai become one of the carriers of the Chinese drink and food culture, shows the intangible value outside the MouTai entity value.

Cumulative of experience and knowledge

The MouTai has experienced a long-term course of development, started from the no scientific theory early dynasty, which summing up the experience through a lot of practice to rely on the wisdom of the crowd, to the scientific, industrialized, automated production. The development of innovation makes the development of MouTai becoming a process of inheritance and evolution.

The scalability of the geographical characteristics

Influenced by the local traditional, geographical restrictions, local environment, climate, cultural and others, MouTai got strong geographical features. And such features are malleable, nowadays; MouTai has breakthrough the geographical restriction, with the changing of national customs, and becoming a national characteristic.

From these reasons, MouTai can be called as the part of the traditional knowledge. And now developing countries, such as China, got a distinct disadvantage in the International intellectual property competition, the protection of traditional knowledge can enable developing countries to retain a place in the field of international intellectual property competition. Therefore, the developing countries gave recommendations of protect genetic resources, traditional knowledge, and folk culture, claims against biopiracy, and utilization of the resources and knowledge in line with the holders’ right of informed consent principle and the interests of sharing. The World Intellectual Property Organization (WIPO) accepted the proposal, in October 2000, WIPO created the Intergovernmental Committee (IGC) to protect the traditional knowledge, generic resources, and the folk literature. China is a developing country, protection of traditional knowledge, such as the MouTai white liquor, is one of the national intellectual property strategies.

The principle of the MouTai white liquor intellectual property protection

Why we need to protect the intellectual property of MouTai white liquor

The intellectual property of MouTai liquor is important to the Chinese agriculture

China is a predominantly agricultural country, most political, economic and social activities are based on the agriculture, Chinese liquors are vast majority in grain brewing, it means Chinese liquors are tightly dependent on agriculture, and becoming part of the agricultural economy. By the World Food Summit FAO reported in 2002 that the average annual rate of reduction in the number of undernourished people in world was eight million, particularly in developing countries, most of people do not have enough food to meet their basic nutritional needs, and due to the MouTai liquor’s special nature of its brewing process, the most innovative technology, proprietary technical and some intellectual property can effectively improve the grains utilization, reduce the agricultural consumption.

The intellectual property of MouTai is important to the Chinese economic

Until 2011 in China, liquor sales accounted for more than 26.2% of the Chinese market, according to the 2011 liquor sales report, MouTai sales ranked the first place, reached 23.7 billion Yuan. The unique patents and special geographical makes the MouTai liquor gaining popularity in Chinese liquor sales market.

The intellectual property of MouTai is important to the Chinese culture safety

China is a heyday of wine culture, the significance of drinking much more than physiological spending and the joy. It becomes a culture symbol, becoming a culture symbol and a kind of culture consumption. It always used to represent a ritual, an atmosphere, a taste and a state of mind. MouTai has been crown for the title of National Liquor, and on behalf of Chinese wine culture. Because of MouTai has a better brewing technology and better unique technical than any other Chinese liquor has. It makes MouTai has a higher quality. It has a great influence on people’s cultural identity. MouTai intellectual property protection is a reflection of the traditional culture protection.

The necessity and feasibility of protect the intellectual property of MouTai liquor


Encouraging innovation

The intellectual property gives the knowledge producers exclusive rights for commercial use within a certain period of their commodities, though establishing the private property rights in the knowledge-based products, to gain profit. It makes the MouTai liquor production and innovation earn a fast development under the intellectual property excitation. The reason why the huge technological progress which industrial revolution was characterized in Britain, rather than in China which already had the basic technical of the Industrial Revolution in the 14th century, is that Britain had a special category as a system of property rights, intellectual property rights regime, to protect the interests of the creators of the invention, inspired the enthusiasm of the inventions, so that inventors brought a wave of technology innovation.

Now, MouTai production technology industrialization is already forming, to protect its intellectual property rights is conducive to MouTai production technology improved, and also promotes the combination of its production methods with modern industrial.

Rareness resource for competition

In accordance with the principles of economics, if operators want to obtain a dominant position in marketing competition, the key is to create an advantage environment with a resource called "rareness" in a competitive process. [8] Intellectual property is such resource. When a technology, a brand under the property rights, the property rights conferred the "rareness" to the rights holder, such as patents, trademarks, trade secrets, etc.

MouTai effective intellectual property protection, which makes it able to have an advantage in the competition in the market, it has a great significance to consolidate and expand the domestic market, as well as to develop the international market.

Traditional knowledge

The traditional knowledge protection is one of the Chinese intellectual property protection strategies. Protection of the traditional knowledge focuses on the development and use of traditional knowledge [9] and benefit-sharing principle. [10] The existing intellectual property system can protect the MouTai production technology and geographical indication.


"Intellectual property" shall include the rights relating to:

– literary, artistic and scientific works,

– performances of performing artists, phonograms, and broadcasts,

– inventions in all fields of human endeavor,

– scientific discoveries,

– industrial designs,

– trademarks, service marks, and commercial names and designations,

– protection against unfair competition,

and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. [11] 

The MouTai contains the trademark; production size, graphical indication, name, packaging, and the unique production technology in production process meet the requirements of novelty, inventive step (non-obvious), capable of industrial application (utility). [12] So MouTai requires the intellectual property protection.

The Trademark protection

The concepts of the Trademark.

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term "trademark" is often used to refer to both trademarks and service marks.

The Trademark characteristics

Visual perceptibility

Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs, shall be eligible for registration as trademarks. Where signs are not inherently capable of distinguishing the relevant goods or services, Members may make registrability depend on distinctiveness acquired through use. Members may require, as a condition of registration, that signs be visually perceptible. [13] In China, the visual perception is a necessary condition for trademark registration, and therefore the scent marks and sound marks, which cannot be perceived by visual, cannot be registered as a trademark.


The trademark significance is the trademark has the property to show the provenance of the goods or services and the deference with the other goods or services. To let the goods and services have the identifiable and unique. The basic role of the trademarks use is reflected to identify the source of the trademark or service provider; from different sources in order to determine if the same or similar goods or services have the same quality, performance, reputation or characteristics. So that the consumers can choose the commodities according to needs.

Application of MouTai liquor Trademark protection

MouTai as an internationally renowned brand, at the same time due to the special nature of its geographical location, as well as good quality, leading to its trademark is often counterfeit or causing other infringement. In my opinion, if we want to protect MouTai trademark, we should consider from the following points:

Well-known marks

In the Paris Convention, to which China acceded as early as 1985, the Member States are required to grant special protection to well-known marks. The TRIPs agreement has extended this special protection from goods to services and from identical or similar goods and services to non-identical or dissimilar goods and services. [14] The MouTai liquor is a well-known mark, there has the case appeared with the beer with "MaoTai" trademark and the white liquor using "MouDai" trademark, according to the Trademark Directive, all these trademarks are caused the "likelihood confusion" belongs to trademark infringement, and cannot be registered. In such infringement established, the MouTai factory is a well-known trademark holder, so the emergence of the new liquor trademark may cause the impact of the MouTai liquor’s reputation, so the administrative or judicial authorities decided the defendant is "similar" to the plaintiff’s trademark, although now, there was indeed provision in the administrative regulations in China for the protection of the law, but the protection was not on the level of laws and regulations. So In China, the first determination of the infringement disputes is the trademarks involved were well known or not. These years, Chinese administration severe blow for MouTai imitation, counterfeit, or using similar trademark products to secure the MouTai well-known trademark against infringement.

Greater protection for "prior rights"

In Article 16(1) of the TRIPs Agreement, "not prejudice any existing prior rights" is taken as one of the requirements for registering and even for using a mark. [15] There has two main cases about MouTai liquor showing the trademark protection for prior rights, the first case is about the sub-mark of MouTai, MouTai is just a general term for the MouTai Distillery Co. Ltd products, under the MouTai trademark there has many sub-marks based on the different ratio, ABV and functional, these trademarks include of "double moral" "wheat" "eagle" and so on, especially the "flying" sub-mark, which is used to export to many countries. The China national cereals created "Flying" sub-mark, oils and foodstuffs import and export corporation (COIEC) in 1985. At that time, the MouTai Distillery Co. Ltd was the subordinate enterprise of COIEC. Then in 1990, MouTai Distillery Co. Ltd separated from COIEC, but the "flying" trademark was owned by COIEC, it means the COIEC had the prior right to use and sell the right of using of "flying" trademark, the MouTai Distillery Co. Ltd worried about the COIEC registered the "flying" sub-mark in almost 20 countries, it set barriers to let the MouTai enter these countries, and also has seriously hampered the development of the MouTai export in international mark. May 22, 1990, the MouTai Distillery Co. Ltd presented to the Guizhou provincial administration for industry and commerce a report called "report about flying brand MouTai situation and management". It required the Guizhou province to strengthening the management of flying trademark, to limit the use of other factory using the brand of flying.

August 5, 1998, MouTai Distillery Co. Ltd presented to the State-owned assets administration Bureau of Guizhou province "the report about the flying brand cannot be secured". July 16. 2002, the MouTai Distillery Co. Ltd presented to the Guizhou province Economic and Trade Commission " the report on the use of the flying logo". Because of the prior right, MouTai Distillery Co. Ltd cannot registered the "flying" sub-mark, they must paid COIEC 500 million purchase the using right of "flying" sub-mark. And during the 10 years, MouTai Distillery Co. Ltd kept trying to buy the trademark of "flying", then, in 2002, MouTai Distillery Co. Ltd repo "flying" sub-mark, finished the payment of the using right.

Another case of the MouTai prior right is between MouTai Distillery Co. Ltd (referred to "MTD") and RongHe burn Square Wine Co. Ltd (referred to "RHSW"), the RHSW is a liquor distillery also placed in the town of Maotai, Guizhou province, so RHSW used the "MouTai Town" logo on the packaging of their products, MTD thought the logo violated the trademark right of MouTai. Ask the RHSW to stop this infringement. In this case, in my opinion, MTD is the registrant of MouTai; MTD registered not only the Chinese and English letters of "MouTai" and "MaoTai" but also the graphics portfolio series, but the RHSW said the "MouTai" logo on the products is a labeling of the origin of place name, according to the trademark directive, as a place name, registrant can not entitle to prohibit others from legitimate use. So RHSW thought that MTD used the place name "MouTai" as a trademark to be defective, it may more suitable as a collective mark or certification mark. So we will discuss this case in 2 questions. The first is, if a place name like "MouTai" or "MaoTai" can be registered as a trademark? Another is if the MTD has the prior right of the trademark? For the first question, I think a place name can be registered, based on the Trademark Directive, the absolute grounds for refusal of registration doesn’t refuse the registration using the geographical indications name. The specially protected emblems just refuse the name related to the Royal, flags and Olympic games, so the place name can be registered as a trademark, the particular case is the "Windsurfing Chiemsee Produktions- und Vertriebs GmbH v Boots- und Segelzubehor Walter Huber (C-108/97)", also in China the trademark directive, generally negative registered, but if the consumers well-known geographical name is well-known for the production of a particular commodity or specific service provider, it can be registered. So MouTai as a geographical name, and better known as the mark of liquor, it can be registered. For the second question, MouTai as a well-known trademark and has been registered, it may have the prior right, according to the provision of the trademark law, apply for trademark registration may not infringe on others’ existing prior rights, nor may it be improper means to register others have been used trademarks. So in my opinion, in this case RHSW can be regarded as a violation of the MTD trademark. However based on the principle of fair competition, in the registration of the next time, MouTai can be required to be registered as a collective mark or a certification mark.

The application of "national liquor"

Because of the high quality and broad awareness of MouTai, MouTai liquor always been dubbed the national liquor MouTai, and the MouTai Distillery Co. Ltd applied for the "National Liquor MouTai" as a trademark nine times in nearly 10 years. Recently MouTai Distillery Co. Ltd applied for registration of "National Liquor MouTai" as trademark has becoming one of the most popular trademark cases in China. Some people in China suggested that "National liquor MouTai" is legal as a whole trademark, and did not causing unfair competition to other wine products, and would not causing harm to the interests of other industries. "National liquor MouTai" as a trademark, the main part of the mark is "MouTai" not the "National", the public consumption of liquor when directed MouTai instead of "National", and there has the food label on the products clearly set out the basic information of the producer, production and so on, it may not causing confusion or mistake when buying the products. But I think, "National liquor MouTai" is unlawful, violation of the Anti-Unfair Competition Law of PRC, the meaning of "National liquor" is very wide, can also related to the wines which is made in China, so not only MouTai can be called "National" every wine can be called as "National", it should not be a winery exclusive. As a company, give yourself a good hearing trademark is understandable, but the "National" may affect the entire industry. Once MouTai has the word "National", it means to stop the other liquor brand cannot using it. It is unfair to other company. The word "National" is a public resource, and every enterprise can use it during publicity, it should not be used for an individual enterprise. The Trademark Directive provides "the same or similar to the name of the People’s Republic of China shall not be used as a trademark", just like the Trade Marks Act 1994, which the Chinese trademark Directive based on, shows in specially protected emblems, "words, letters or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorization" cannot be registered. In China, the Advertising law stipulates, "advertising shall not be any of the following circumstances: a national terms such as contain or relate to the China". SAIC stipulates, "registered with ‘National + product name’ as a trademark, or trademark contains words ‘National’ may ‘constituting exaggerated advertising and deceptive’ to be rejected on the ground." So my view is the "National liquor MouTai" should not be allowed to register.

Geographical Indications (GIs) protection

Conception of the GIs

GIs is a concept that developed on the basis of the indications of source and appellations of origin. It is a particular concept to coordinate the positions of the parties. The most influential of the definition of the concept is the article 22.1 of TRIPs agreement, " Geographical indications are, for the purposes of this Agreement, indications which identify a good a s origination in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." Article 16.2 of the Trademark Directive shows, "GIS are indicators showing a product comes from a region where a given quality, reputation and other characteristics, mainly determined by the region’s natural factors or human factors logo." Geographical indication products including: (1) Planting, aquaculture products from the region. (2) All the raw materials come from the region, or part from other regions, and accordance with a specific process of production of products in the region. [16] So, in the Chinese laws and administrative regulations, the provisions of the GIs are very similar to the TRIPs Agreement. The GIs are not only a great significance to show the particular quality of the products, but also reflect the specific consumer lifestyle. In addition to the mark as indicating the origin, it may let people naturally think of certain characteristics of the products and because of the existence of geographical indications,people would have the sense of trust related to product quality, reputation or other characteristics.

Applicability of GIs protection of MouTai

Despite there has no unified concept of GIs, I think that GIs are commercial mark, used to identify the origin of the goods, and the quality, reputation and other characteristics determined by the origin of the natural or human factors.

MouTai lives for a long time, and becoming a unique geographical features and traditional cultural characteristics of liquor, which based on the experience and wisdom that accumulate during the history. So the MouTai geographical characteristics and traditional culture is determined by the origin- specific natural and human factors. The Chinese government had hoped to expand the production to MouTai from Guizhou province, and opened a new winery, which used the same raw materials and same production processes, but out of the MaoTai town’s unique geographical environment, climate and other natural factors, the new winery failed to brew the MouTai liquor. Therefore, according to the "geographical indication protection provisions" MouTai had applied for the protection of geographical indications, according to the national standard of the PRC: GB/T18356-2007 "geographical indications products Guizhou MouTai". GIs are origin of goods based on the natural and human factors. Therefore, I think that the producers and operators of the origin as a right of collective ownership should own GIs. That means all products in the origin meet the real traditional corporation and the specific quality and characteristics can use the GIs.

Significance of protection of MouTai GIs

Promote industrialization

GIs in the form of assign of unity, the connotation is relatively uniform production of industrial quality standards and measure evaluation index. MouTai has its standard formulation and testing indicators, such as its registered patent CN102778527, is to use the standard method to detect diacetyl in the wine.

Enhance product value

When a food has GIs, the market value is much higher than other similar products. MouTai is known by the origin geographic name. The climate, geology, soils and varieties of the origin, and even microorganisms in the environment and other natural factors and also human factors adapted to the production technology and process determine the quality and characteristics of the product and style. Therefore, in the minds of consumers, GIs represent the quality and style of the product. This is also the GIs can become important means to distinguish between different types of similar products.

Improve the international competitiveness

MouTai as a geographical indication product has significantly ethnic characteristics and geographical features. The GIs have the features of exclusive and permanent. These features can protect the food, which has geographical features. Due to the geographical exclusivity of cultural heritage, GIs can be protected and be recognized in the WTO members. In addition, GIs play a great role in MouTai international trade clearance immigration, the international brand effect, breaking down barriers, to enhance the negotiating capacity and product competitiveness.

Legal means of protection of MouTai GIs

February 22, 1993, the Chinese Trademark Law revised provisions, "at or above the county level administrative region names or of foreign place names known to the public shall not be used as trademarks. The provisions of this played an indirect role in the protection of GIs. October 27, 2001, the second revision of Trademark Law clear shows the concept and protection of GIs. Which states: "if a good apply for GIs, but the good not originating in the region, resulting in misleading the public and not be able to register and prohibit the use."

Patent protection

Concept of Patent

Patent is the inventor’s exclusive right within a certain period of their invention, which according to the patent law. And according to the Chinese patent law, patent can be divided into three parts, invention patents, utility model patents and design patents.

The problems and solutions in patent protection of MouTai

Invention patents means; a technology program improved the products and methods of process, it can be divided in to two parts, the product patents and method patent. The product patents are known as protective substance patents, so we always call it substance patents. For MouTai, the substance is its recipe, but due to MouTai recipe is a traditional recipe, but the patents need the novelty, that is, prior to the submission of the patent application, there is no similar inventions published in the domestic and international publications, in China also failed to disclose, or known to the public in other ways. Obviously, MouTai traditional recipe does not comply wit the novelty of the patent application. So MouTai recipe cannot be used to register patents. MouTai can only apply for the method patents. The method patents means combine the modern technology to create a new production process to meet the requirement of innovation, novelty and utility. The 3 main methods patents of MouTai are:

CN102212560. The invention discloses a method for generating a live yeast cell derivative (LYCD) through natural stacking fermentation. The method is characterized by naturally screening and enriching microorganisms and utilizing the heat generated in the growth and metabolism process of the microorganisms to generate alcohol through fermentation in an anaerobic environment so as to effectively stimulate yeast cells, wherein when the temperature of a fermentation substrate is 46-52 DEG C and the alcohol concentration is 2-12% (v/v), the yeast cells are stimulated to generate the LYCD with higher activity. The LYCD has values in the fields of medicine, health care and beauty. [17] 

CN102220275. The invention discloses a bacillus licheniformis strain MTDB-02 and use thereof. The preservation number of the strain is CGMCC NO.4825. The characteristics at bacteriology are as follows: at the initial stage, the colony form is protruded and circular, and the surface of the colonial form is smooth and has luster, at the later period of the culture, the colony edge is irregular, the surface of the colony form is flat and light yellow, and has no luster, and the 16SsDNA gene sequence has 99% homology with the 16SrDNA gene sequence of multi bacillus licheniformis strains. The strain is used for converting L-threonine to prepare 2,5-dimethyl pyrazine, the reaction condition is mild, the harmful substance content is low, the influence of plantation is free, the large scale production can be carried out, and the production cycle is short. [18] 

CN1807582. This invention discloses a kind of saccharomyces cerevisiae engineering mildew J(Saccharomyces cerevisiae J) and its appliance, whose fermentation and fragmant characteristics are as follows: culture it in YEPD liquor medium for 24h, and then access it in fermentation medium to fermentat at the temperature of 36 deg C. the weightlessness of CO2 is 8. 36(g); the alcoholicity is 6. 43%(v/v) 20deg C; the best fermentation temperature is 34-38deg C and the total ester content is 0. 64(g/L). The saccharomyces cerevisiae engineering mildew made through this invention has characteristics of high alcohol yield, strong ester output capacity and high temperature resistance. It is suitable for bran-spirit manufacture, because it can not only recyle distiller's grain resource, but also can add jowar and other vintage raw materials; Using this engineering mildew, the agitating sand wine and breaking sand wine can be prepared, which has certain sauce-smelling wine color. [19] 

The main problems of MouTai patents are:

Owner of subject of rights uncertain

MouTai is a product with unique geographical features and cultural characteristics that specific groups in the long history process, formed by the accumulation of experience, wisdom. Therefore, a certain geographical area’s people must own the subject rights; some people improved the recipe or didn’t improve the recipe and apply for the patents, apparently to some extent, may violate of other people’s rights.

Patent novelty

As said before, patent novelty is an important condition for patent application, MouTai recipe is a traditional recipe developed by the efforts of several generations of people, and the formation process is a lengthy public process. So MouTai recipe cannot meet the requirements of novelty.

The purpose of patents is to encourage innovation. Using the patent system to protect existing traditional recipe, and improve it, so before developing the recipe, we should consider how the developing groups can share the benefit. In my opinion:

For the patenting behavior only using existing traditional recipe, should not patentable.

Determining the source disclosure system for the upgraded formula, the conservation of the source of biological resources.

For each formula, all the breweries in MaoTai town get the collective patent license.


As a traditional knowledge, the intellectual property of MouTai is very important, it involves the revitalization of the national food industry, the national intellectual property strategy, national cultural security and the intellectual property system in China. This report started from the point of view of specific application of intellectual property combined with relevant laws, trying use the intellectual property protection of MouTai to create the framework of a traditional food intellectual property protection.

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