Research On The Legal Protected Mode Of Geographical Indications

Geographical indications as a new type of intellectual property have been valued by more and more countries. Since the "Paris Convention" of 1883, the protection of geographical indications has been a hundred years of history. With the continuous development of practice, the protection of geographical indications law also continues to improve. The great social value of geographical indications appears gradually. Protecting the geographical indications is the trend. China also must act to formulate and improve the laws and regulations to strengthen the protection of geographical indications.This paper consists of five chapters. The first chapter introduces the basic theory of protection of geographical indications. The most chief part in this chapter is the discussion with the concept of geographical indications. The concept of GIs has been debated for a long time. Clearing the concept involves to resolve the dispute. It is a very important issue. In this paper, according to the definition of the concept of geographical indications in the international treaties, I compares to the similarities and differences with geographical indications, indication of source and appellation of origin. I am more agreeable with the definition of geographical indications in the Trips Agreement.In the second part I introduce the international treaty provisions which rule the protection of the GIs. We can see the development and evolution of the protection of GIs by international treaty. As time goes on, people know more and more about the GIs, and the legal protection of the GIs is perfecting. The paper also analyzes the reasons for the differences of international treaties and conflicts that the interest is the root cause of national game. The reasons we discuss the provisions of international treaties is that, on the one hand China is a member of Trips Agreement, it can help China better meet its international obligations; the other hand, our well-developed for the protection of GIs for reference the relevant legal provisions, and the advanced experience is worth learning. In the third part, I describe the mode of legal protection of the GIs. There are three modes, including the special protected mode, the trademark protection mode and anti-unfair competition law protection mode. The three protected modes have their own advantages and disadvantages, but relatively speaking, the law specifically protected mode has greater protection intensity and more advantages. Choosing which protection mode needs according to the different national conditions, and try to fully protect their own interests.In the fourth part I describe the status and the problems of the protection of the GIs. The trademark protection mode and the protection of GIs products is currently adopted in China. There are many imperfections in Trademark laws and there are some conflicts in the two modes. In reality, the protection of the GIs is not perfect.In the fifth part I make some recommendations about the mode of the protection of the GIs. I think we should adopt the special protected mode, as it has greater intensity in protecting the GIs, and it can help tapping the value of the GIs. Most of the GIs-resource-rich countries adopt the special protected mode. There are rich GI Resources in china, so we can learn the experiences from these countries and draw up a special Law to protect the GIs, and strengthen the protection of the GIs. We should do justice to the social and economic value of the GI Resources and Social and contribute to the economic development of our country.