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The Chinese Protection System Study Of Geographical Indications

Posted on:2005-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LuoFull Text:PDF
GTID:2156360152466282Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Geographical indications are the important intellectual property objects that TRIPS protects. New trademark law posed the concept of geographical indications first time and did initial protection. In this article, between the other related concepts, characters and types, the constitutive of tortious acts and expressions, the abuse of present protect system, the choice of legislation mode, and the establishment of the protection system for geographical indications are analyzed and expounded.On the basis of the analysis of geographical indications concept, researches into its expressions of diversification character, region character, no transfer possession character, weak monopolization and exclusiveness, subject collectivity, and so on characters. And it also can be divided into natural element decided type, culture element decided type and compound elements decided type. So it is quite different from other intellectual property objects especially the trademark. The trademark and other laws are implemented in our country now to protect the geographical indications, but this system has multilateral management, obscure quality and low level protection such abuses. Adapting the anti-unfair competition law legislation mode can include many kinds of expressions of the geographical indications, and it is not based on the premise of register. That accords with the protection aim and quality of the geographical indications, meanwhile, it's more convenient to manage to reach the protection level that TRIPS demands.Finally, this article put forward the suggestions about establishing the Chineseprotection system of geographical indications: According to the different expressions of tortious acts and different types of geographical indications, anti-unfair competition should adapt the general protection to the overwhelming majority of geographical indications, and trademark law should protect some geographical indications of the compound elements decided type especially.
Keywords/Search Tags:geographical indication, anti-unfair competition law, trademark law
PDF Full Text Request
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