Idea Of ​​international Protection Of Geographical Indications Of Geographical Indications Protection Legislation

Geographical indications is a special trademark identifying the origination, it's also an important Intellectual Property Rights which drawn extensive attention of the International Community. In China, the legislation concerning the protection of geographical indications is incomplete, and also weak & fragile in its theoretical study. The Article attempts to analyze the present practice of geographical indications protection both in China and the world, and find out the gap and problem existing on legal protection of geographical indications on a basis of general theory, and put forward the legislative mode and specific legislative conception applicable to China on geographical indications protection by learning from the successful experiences of international community and other developed countries, and9hope to draw attentions of legislators, scholars and related departments of the government on the protection of geographical indications, and establish as quickly as possible the legal protection system on geographical indications applicable to the requirements of TRIPS Agreement with Chinese characteristic, and ensures that the numerals competitive special & fine quality products shall be protected by means of legal system. The main content of the Article is divided into four sections except preface and afterwords.The first part mainly describes the connotation as well as the relationship between the place of manufacture, and place of origin, and defining the place of origin of a product in this Article is the place indicated by TRIPS agreement, the Article also summarizes the feature of geographical indications and the nature in law, and holds that in the process of the evolution of a single name of a place to the geographical indicationswith business reputation, the producer and manager have spent a great deal of wisdom and labor. Therefore, the geographical indications has a nature of intelligent result, and compliance with the natural feature of Intellectual Property Righte. To further improve its legal protection system and reinforce its protection is not only obligation of WTO member States, but also com pliance with China's interests.The second section of the Article mainly reviews that in the process of legal protection to the geographical indications from "Paris Convention" to TRIPS Agreement, the historic development process from its object connotation to the mode of protection and its extent, and outlined the legal protection conditions on geographical indications of west developed countries represented by American and France, and certifying that the related international organizations and developed countries have already had, _ 9a considerably successful experiences in the legal protection of geographical indications, it's worthy to be learned by us in many aspects. The third section of the Article analyzes the main problems existing in legal protection of geographical indications in China proceeding from the present state in legal protection of geographical indications; first, the general public is lack of sufficient knowledge to the matter; second, improper, incomplete system in legislation, it's easy to be contradiction. It shows in real life, a considerable number of geographical indications have been improperly registered as common trademark, the geographical indications right in certain special territory which shall be shared by the overall public has become an individual exclusive right of trademark, and it runs counter the fair principle requested by market economy, and seriously undermine other people's legitimate rights and interests. In addition, the case is also serious in abuse and false using of geographical indications, thus undermine thereputation and image of geographical indications.The fourth section is a highlight of innovation of the Article. This part mainly analyzes and assesses the legislative mode of several geograph...