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Protection of Geographical Indication under TRIPS

Author: DiZuo
Tutor: HouZuo
School: Chongqing University
Course: International Law
Keywords: geographical indication TRIPS agreement legal protection
CLC: D997.1
Type: Master's thesis
Year: 2011
Downloads: 87
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Abstract


Agreement On Trade-related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS agreement) to the definition of geographical indication (hereinafter referred to as GIs) is indications which identity a good as originating 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. Different from trademark, certification marks and certification marks, GIs has some special characteristics, such as closely contact with geographical factors, closely contact with agriculture, special owner, sustainable rights, localization and internationalization and so on, which makes GIs different from the general intellectual property. It is because of these special characteristics of GIs, make it has instruction function, maintain value function and appreciation function, and get more the attention of all countries. The value of GIs is growing higher in the international market.Throughout the history of GIs protection, from the“Paris Convention on the Protection of Industrial Property”,“Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods”,“Lisbon Agreement for the Protection of Application and Their International Registration”to the TRIPS agreement, the international society begin to pay more and more attention to the protection of GIs. Although each agreement and treaty are all more or less exists drawbacks on the protection of GIs, but we are delighted to see the consultations and negotiations about the concept of GIs and the protection clause are increasingly. Every country began to pay attention to the important value of GIs. The protection of GIs has broken through the scope of developed countries, more and more developing countries participate in the GIs international market. In numerous treaties and agreements, TRIPS agreement is a landmark of the protection of the GIs. There are many terms of the GIs protection of TRIPS agreement, including general protection clause, conceptual protection clause, basic protection clause and the exceptional item. The basic protection clause is including general protection clause and special protection clause. These terms protect GIs from many angles, makes the TRIPS agreement for the most effective tool of GIs protection. But, as the cultural tradition, colonial history, legal system and other reasons, countries have some difference for the protection of GIs, including the France and the United States. The main controversial including whether should expand the general protection of GIs; the degree of strict of establish the notifications and registration system of GIs and whether need to strictly limited the dilute and universal problems.Although there exist many problems, but along with the advent of the globalization era, each member of the TRIPS agreement will follow the principle of mutual benefit and win-win, do further consultations in future negotiations, strive to achieve the balance of interests. Facing the trend of economic globalization, China is as a strong country of GIs, also need to constantly perfect the existing law for improper places of GIs protection, trying to adapt to the requirements of TRIPS agreement, so as to conduct in-depth research of GIs protection legislation, hoping our country can give more dazzling rays on GIs international trade.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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