Research On Legal Protection Of Geographical Indications

TRIPs Agreement regards geographical indications as an independent object of the intellectual property rights such as trademark, patent and copyright, and requires WTO members offer protection. In China, this issue of geographical indications has not been thoroughly studied and the laws and regulations have so many deficiencies, which causes confusion in practice, so China should progressively perfect the legislations. Adopting the viewpoint of valuation, basic theories are analyzed in the first part of this thesis. Based on the current situations about protection of geographical indications, suggestions to perfect the legislation of geographical indications of our country are presented in the following parts, with theory combining with real examples.Other than the preface and epilogue, this thesis is divided into four chapters.Chapter 1, commenting the basic theories about the definition, characteristic and attribute, clarifying some vague concerning the three concepts, furthermore analyzing the necessity of the protection of geographical indications from the perspective of economics and jurisprudence, which aims at deepening the theoretical and practical significance of this thesis.Chapter 2, adopting the historical analytic approach, it shows the history of international geographical indications by recommending , , and TRIPs Agreement. Analyzing related regulations of TRIPs Agreement, and making a comment on focus in WTO negotiation of geographical indications, pointing out our country's attitude on it.Chapter 3, first introducing the overview of the protection of geographical indications in the world, then giving comparative analysis to the protection of geographical indications in EU, France, America and India, hoping to be useful to protect our legislations.Chapter 4, based on the study of the former three chapters, thecurrent situations in protection of geographical indications in China is investigated, it also points out the deficiency in our relevant legislation, and finally puts forward some suggestions.