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Legal protection of geographical indications

Author: HuangLin
Tutor: CaiBaoGang
School: Yangzhou University
Course: Civil and Commercial Law
Keywords: Geographical Indication Legal Protection International Protection Legislative Design
CLC: D997.1
Type: Master's thesis
Year: 2008
Downloads: 203
Quote: 2
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Abstract

Since Trade-related Intellectual Property Agreement become effective on January 1st 1995, the issue of protection on geographical indications has been widely though of highly by every country. The history of China’s protection of geographical indications is relatively short, so there is no protection system, the research into the geographical indications in China is still a new topic. The paper specifically make a study of the legal protection of geographical indications .This article including three parts : introduction, text and conclusion .The text is also made up of three parts, the overview of geographical indications, the protection of geographical indications abroad and the status of China’s protection of geographical indications and how to improve.The first part is an overview of geographical indications, mainly to conduct a comprehensive analysis on geographical indications. The concept in geographical indications is based on and developed from the concept in the appellations of origin. Geographical Indications is the production of goods a sign of the source, it is the connotation of product quality, reputation or other characteristics of the main and the geographical origin of goods associated. Geographical indications has a social impact and visibility of the logo, it received widespread praise from consumers. In a sense, the quality of geographical indications of goods has become a security certificate and also makes it an extremely high economic value, it can bring economic benefits to producers, so it is necessary to protect it. Geographical indications is the difference between a commercial logo, it has a certain link with trademark, appellations of origin, indication of source. In order to describe the concept of geographical indications, the paper compared on the relationship and difference between them. On the basis of defining geographical indications, the concept describes the characteristics of geographical indications and the significance of protection.In order to well set forth the process of source of geographical indications, this thesis in detail introduces the international treaty related to protection of geographical indications and draft of treaty that is stipulated by World Intellectual Property to aim at protecting geographical indications. From the effectiveness of Paris Convention, indication of source or appellation of origin has been protected around the member countries. The Madrid Agreement is a special provision of the Paris Convention. It specifically addressed the protection of geographical indications. The Lisbon agreements first introduced the concept of appellations of origin and the establishment of the International Registration of appellations of origin protection system. The TRPIS Agreement has included geographical indications in the protection spectrum of intellectual property, it also set forth specific provisions concerning connotation of geographical indications, protection criteria and protection method; moreover the TRIPS agreement provides bases for protection on geographical indications to the countries all over the world. Considering the importance of TRIPS agreement, this part has detailed commented on three specific provisions related to geographical indications in TRIPS agreement, analysis general protection on geographical indications, the special protection on alcohol products and other provisions.The third part is the protection of geographical indications on China’s present situation and how to improve it. It’s the focus of this paper. The part analyses the problems on the protection of geographical indications, mainly institutional issues. China adopt dual-track system to protect geographical indications, which is the State Administration for Industry and Commerce trademarks and model AQSIQ through the geographical origin of products These two models has a conflict of rights, resulting in the contradiction between the protection of geographical indications. In addition, there are also many problems in the implementation of geographical indications. The paper analyses .the problems one by one and In the analysis of the problem on the basis of the existing protection of geographical indications are the pros and cons of models, chosen by our country can consider special legislation to protect geographical indications model, developed the "Law For the Protection of Geographical Indications for the People’s Republic of China."

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