Research On Legal Protection Of Geographical Indications

Geographical indications is one of the most important concepts in both TRIPs and the newly revised Trademark Law. As an important content in international intellectual property protection, it has been highly valued by most countries. The author uses other countries' legislation experience of geographical indication for reference and analyzes and summarizes the current legislation model of geographical indications in China, then put forward some suggestions to perfect the legal protection of geographical indications in view of the problems in existence. The whole paper was consisted of foreword, main body and conclusion. Among them, the main body is divided into six chapters. In the first chapter, the author differentiates and analyzes the concept of geographical indications and its related concepts including appellations of origin, indications of source and trademark and points that the concept of geographical indications adopted in this paper is in line with the intensions and extensions of appellation of origin.In the second chapter, the author expounds the great economic significance and practical legal significance of protecting geographical indications. The third chapter mainly introduces the international legislation relating to the geographical indications. The international convention of protecting Geographical Indications can be divided into two systems: The one is WIPO system represented by the Paris Convention and the other is WTO system represented by TRIPs.In the fourth chapter, the author introduces the foreign legislation protects the Geographical Indications by use of four modes including trademark law, specialized law, anti-unfair competition law and business signs law, which can regulate trademark, geographical indications and other business signs altogether.The fifth chapter mainly expounds the history and present conditions of protecting the geographical indications in China. China adopt Trademark law + Original Products Protecting Provision model, that is to say, two different laws and departments administer the geographical indications altogether. But in practice, this kind of protecting system also results in the conflicts between trademark and geographical indications and between different administerial departments. And the main problems arose from the use of the geographical indications including: diluting the geographical indications, abusing and monopolizing the geographical indications; using the registered trademark as the geographical indications and ignoring the quality of the products with geographical indications and so on.In the last chapter, the author put forward some proposals to further perfect the legal protection of geographical indications in China. Adjusting current pattern of department management administering registration of geographical indications, enforcing nongovernmental management and industry self-control. Further perfect the legislation work of geographical indications clearly define actions of posing as geographical indications through legislation and set up complete legal responsibility claim system aimed at infringement of right. Strengthening the international protection of geographical indications and making regional legislations about geographical indications.