Protection Of Geographical Indication Under TRIPS And Improvement Of Related Law Of P.R.C

Geographical indication is a particular kind of the intellectual property, which reflects the relationship between a particular geographical surroundings and a commodity, indicating a particular character and merit, which is of great importance to the producers and providers, to a country, even to the international community. Based on the coming of the economic globalization and the knowledge economy, the great importance of the geographical indication, our abundant resources of the geographical indication, our membership of the WTO, many to improve and break after our efforts in 1993,1994,2001,2002 because of our lagging in the theory and practice and the unreasonable order of the international economy, the essay has made a systematical research on the geographical indication. The essay has cleared its motion, function , legal character of the intellectual property and private rights. At the same time, the essay has studied the international trend of the protection to absorb the advanced legal protection in other country and keep pace with the international trend. Based on the above those, the essay has revealed the situation and the existing problem of the protection in our country. Finally, the essay has oriented on the improvement of our protection on the geographical indication in our country from the orientation of the value, the model of protection to legal measures, from substantive law to procedural law. All these are for the gain of the private rights, for the protection of our interests in the internationally economical communication.