Reshape Of Geographical Indications Legal Protection System

Geographical indications are an important intellectual property.In the context of the new era,protecting geographical indications is very important for China to promote the development of rural industrial economy and foreign trade contacts.This article focuses on the legal protection of geographical indications from the perspective of trademark law.Based on the main problems faced by the legal protection of geographical indications in China,the article mainlyelaborates the justification for the high level protection of geographical indications and the feasible path to achieve such high levels of protection by reshape the theoretical basis for the legal protection of geographical indications.The research can provide another perspective for scientifically reshape the legal protection system for geographical indications in China,and at the same time can provide guidance for the practical operation of geographical indications protection in China.The full text is divided into six chapters.The first chapter is the overview of the legal protection of geographical indications,the second chapter is the ontology of geographical indications,the third chapter demonstrates the protection conditions of geographical indications with the main line of relevance,the fourth chapter is a comparative investigation of the legal protection system of geographical indications,the fifth Chapter is the research on the current status and problems of the legal protection of geographical indications in China.Chapter VI is about the countermeasures for the improvement of the legal protection system of geographical indications in China.The innovation of this article is mainly reflected in the following four aspects:First,the concept of geographical indications is redefined and the importance of "reputation" is emphasized.Second,the value of geographical indications and their relationship with trademarks are renewed.Geographical indications are considered to be a special trademark different from ordinary collective and certification marks.The value of geographical indications is mainly derived from the "communication" function,"terroir" factors and the "collective reputation" carried by them.The third is to analyze the justification of the legal protection of geographical indications,especially the linkage elements,and demonstrate the relationship between the linkage elements and the distinctiveness of the trademark.It is recognized that the linkage elements are not only a special condition for the geographical indications to obtain distinctiveness,but also their ability The main basis for obtaining higher levels of protection than ordinary trademarks.Fourth,it proposes new ideas to improve China's current geographical indications legal protection system.This article suggests that to reshape the legal protection model of geographical indications in China,we should choose to gradually integrate,modify,and coordinate the existing relevant legislation and to build a new geographical indications protection model of"strengthened protection of trademark law and enhanced coordination of specialized laws";The construction of a geographical indications protection system should fully reflect the special protection of China's advantageous resources of geographical indications;the key to promoting the "strong protection" of China's geographical indications is to build and improve the geographical indications well-known trademark protection system in China as soon as possible.