| As one kind of the intellectual property right , geographical indication is a kind of intangible property which has economic value. By owning it one can get a large quantity of wealth. So, the action that so many people who have no right just pickup and counterfeit it is out of control. Therefore, the problem that how to prevent geographical indication from being abused and ban the counterfeiting effectively has attract the attention of the specialists all over the world.The dissertation includes 3 parts:The 1st part: mainly talks about the basic theory of the geographical indication.First, the dissertation analyzes the signification of geographical indication, its function and the relationships with trademark, the signs of the goods supply, the general title of the commodities and the trade name. By analyzing them we would see that they all belong to the objects of the industrial property protection, which have great similarities as well as many differences, then let us have a better understanding of geographical indication. It also analyzes the features and legal nature of geographical indication. The main features are: the geographical names of geographical indication are real which indicate the real sources of the commodities and services; the commodities and services it indicates have unique quality, reputation and some other features; geographical indication is related to the specific quality of the commodities it indicates, and it can identify the other products of the same group. The legal nature concludes the points as following: firstly, geographical indication is a kind of intellectual property; secondly, it is a shared right of collective nature, thus it does not belong to any person and juridical person, but belong to all the producers who agree with the geographical indication granting standard in a nation or district . Thirdly, geographical indication has the feature of permanence, which distinguishes itself from other kinds of intellectual property.The 2nd part: mainly analyzes the international protection of geographical indication.This part talks about the international protection of geographical indication, more specifically , the protection made by the international conventiosn, specially the regulations in TRIPS under the WTO frame; and it also analyzes the protection of foreign legislation, so we can get some ideas for the construction of Chinese legal protection of geographical indication.The international conventions has protected geographical indication for a long time, for example, in 1883, Paris convention regulates that geographical indication is one of the objects of industrial property protection; then, in 1891,and 1958 , the World Intellectual Property Organization made the treaty of Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods and Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, hi the 60's of twentieth century, the Model Provisions on the geographical indication for Developing Countries was passed, which offered a legislative model of the geographical indication protection for the developing countries.Many countries have accepted the idea that geographical indication should be protected effectively. But different countries have great differences in the legal forms and protection contents. Generally speaking, the protection of geographical indication can be classified into 3 groups: the specific legislative protection; trade mark protection and the protection by Law of People's Republic of China Against Competition by Inappropriate Means.Lastly, mainly analyzes the protection of geographical indication in China,The dissertation talks about the protection of geographical indication and the suggestions for perfecting it, which is the creative one in this dissertation.It analyzes and studies the means of protection of geographical indication which are trade mark protection and the specific legislative protection, remarks the two means ,and points out the... |
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