The Protection Of Geographical Indications Under The Trips Conditions

The geographical indications are one of the seven types of intellectual property and it also belongs to a kind of invisible property. The geographical Indications derive from trade mark. The problems of protecting the geographical indications become more and more important since TRIPs takes affect. Our country is famous for many special productions. But because of the short history in protecting the geographical indications, china do not form a symmetrical protect mode. The paper tries to make discussions about the geographical indications and finds some options for Chinese protectThe essay has mainly four parts:Part one is about the basic theory of geographical indications and its law features. And the part also makes a research for the related concepts for geographical indications.Part two is mainly about the origin of the property indications; introduce the common, special and exceptions protections under the TRIPs.Part three mainly introduces the protections model around the world including the protection model of anti-unfair competition to law, the protection model of specialized legislations, and the protections model of trademark law.Part four is the suggestion to the Chinese indications protection system. It is also the recreational point of this paper. Our country adopts both the trademark law and the protective regulation of products in geographical indications to protect geographical indications. However, it cause the conflict between trade mark right and geographical indications. After analyzing its origin cause of formation conflicting, the paper points out that it is the key to set up the special law of geographical indications. And propose two measures to work out the problems. Firstly setting up the special law on base of the protective regulations of products in geographical indications; secondly, establishing the advanced system, in order to prevent the conflict of the two rights.