Comparison And Reference Of The Protection Mode Of International Geographical Indications In EU And America

In recent years,geographical indication has become an important subject in the field of international intellectual property,and is one of the emphases of international trade and intellectual property negotiations.As more and more countries and areas have cooperated with us in protecting the geographical indication,it becomes more important to further improve the rules and mechanisms of the international protection of the geographical indication in our country.The European Union and the United States are the typical representatives of two different modes of geographical indication protection,the former is the special law protection mode,the latter belongs to the trademark law protection mode.After the deadlock of the Doha Round negotiations,the EU and the United States gradually prefer to ensure that their legal model can be recognized and cooperated by more countries and regions through multilateral and bilateral free trade agreements.On the one hand,we are gradually improving the international protection system of geographical indications.On the other hand,we are also facing challenges in cooperation with Europe and America on models and protection standards.This thesis selects the representative free trade agreement between the European Union and the United States,By comparing the protection methods,protection intensity,application procedures and common name processing of the international cooperation mode,it clarifies the differences between the international protection of the European Union and the United States,and also provides reference for promoting and improving the protection mode of our own geographical indication.Agricultural resources are abundant,the geographical indication can play an effective role in promoting rural development and driving the agricultural economy of the whole country,but there are still some problems such as the domestic system of geographical indication is not perfect,and the international protection started late.This thesis reviews the status quo of China’s rules promoting the international protection of geographical indications,and analyzes the China-Eu Agreement on the Protection of Geographical Indications and the China-Us Economic and Trade Agreement as typical cases.It finds that the foundation of international protection and cooperation in China is not solid,and the number of signed international cooperation agreements is small and lack of self-positioning,which has not formed the model of international protection negotiation and cooperation.Cooperation with Europe and the United States may face some contradictions and other problems.Therefore,this thesis suggests that our country,based on the present national condition,draw lessons from the part of the respective protection mode of Europe and America,actively improve the domestic protection administration institution,enhance the protection level of geographical indication;Improve the domestic legislative protection system,take the initiative to integrate with the international advanced regions;Giving consideration to national interests,improving the text of international cooperation and cooperation,thus improving its own strength,then actively participating in international negotiations and cooperation,actively strengthening exchanges on bilateral and multilateral cooperation,seeking cooperation for development in the field of geographical indication of our country in the domestic and international market.