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TRIPs agreement under the conditions of the protection of geographical indications

Author: WangHongFei
Tutor: GuoQingCun
School: Yantai University
Course: Legal
Keywords: Geographical Indications TRIPs Agreement Legal protection Problems and Perfect
CLC: D923.43
Type: Master's thesis
Year: 2009
Downloads: 182
Quote: 1
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Abstract


Since the entry into force of the TRIPs, for the protection of geographical indications have aroused universal attention of the world, the geographical indication rights is one of the seven kinds of intellectual property rights in the TRIPs agreement, is also a kind of intangible property rights. An appellation of origin is the predecessor of the geographical indication, geographical indications name evolved from the indications of source and appellations of origin, according to China in 2001 newly revised \the content, to fulfill the obligations of China in accordance with the TRIPs agreement. Geographical indications may become one of our existing intellectual property protection under the most advantages, because our country has a history of 5,000 years of civilization, rich in many According strong geographical flavor products, such as agricultural products, handicrafts, these products in the international exchanges and the formation of a good reputation, full compliance with the provisions of the TRIPs agreement on geographical indications. But always at a lower level of protection for geographical indications are not familiar with the relevant rules of the WTO and a short history of China's intellectual property protection reasons. The purpose of this paper is to provide a choice of some of the basic problems of geographical indications, for the protection of geographical indications. This thesis consists of four parts: the first part: overview of geographical indications. This section focuses on the analysis of the concept of geographical indications, the legal property with adjacent concepts like the distinction between indications of source, appellations of origin, trade names and trademarks and contact. The second part: TRIPs agreement on the protection of geographical indications. The author of this part of the review of the negotiating history of the TRIPs agreement on the protection of geographical indications and general provisions of the TRIPs agreement on the protection of geographical indications, and the TRIPS Agreement of wine spirits particularity of protection, and the TRIPs Agreement do specific analysis and description of the protection of geographical indications exceptions. Part III: World countries in the protection of geographical indications mode select. This part of the main analysis on the protection of geographical indications abroad countries there are larger differences in the legal form of protection of geographical indications and protected content. In general, countries on the protection of geographical indications is mainly divided into four types: specialized legislative protection, trademark laws, commercial signs law protection, unfair competition law protection. Part IV: Improvement of geographical indications protection mechanisms. This part of the main points out the significance of the protection of geographical indications. Our current problems exist in terms of protection of geographical indications and put forward several measures to try to solve this problem: \enhance the legal level of specialized law mode times; Protection of Geographical Indications Act have not yet introduced the premise of mutual recognition of prior rights, the establishment of a prior right system, parties can choose to trademark protection of geographical indications both can also select the protection of geographical indications, but can only choose one, in order to prevent the protection of competition and cooperation; actively strengthen the management and protection of geographical indications to respond effectively to the geographical indications tort; vigorously raise awareness, help enterprises to implement the Geographical Indications brand strategy; Fifth, to actively participate in the formulation of WTO rules at the national level.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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