The Regulation Of Generic Names Between The European Union And The United States And Its Enlightenment

At present,the standard of generic names of products in our country is not consistent,and similar cases are judged differently.In view of this,this paper studies the Trips Agreement and Lisbon Agreement.First of all,it introduces the international practice of generic names and the rules adopted by the European Union and the United States.In practice,the European Union and the United States have differences in the determination of the generic names of the product.Through the typical cases of European Union and the United States on the determination of generic names,this paper analyzes the considerations and opinions of European Union and the United States in determining the generic names of products.The European Union is a defender of the recognized geographical indication in the world.Once geographical indications are registered,they will not be commonly used.The United States,on the other hand,opposes the trend of conversion of generic names into geographical indications.The mode of the European Union and the United States have some references and limitations.Combined with the difficulties existing in our country,the author puts forward some suggestions to make the mode of generic names perfect in China: first,to clarify the definition of relevant public scope;second,to clarify the definition of regional scope;third,to clarify the relationship between generic names and geographical indication;fourth,to standardize the value of generic names;fifth,the choice of generic names`pattern.