On Legal Protection Of Geographical Indications

Geographical indication refers to the indication that a commodity originates from a certain region,and that the specific quality,reputation or other characteristics of the commodity are mainly determined by the natural or cultural factors of the region.In the new era,strengthening the protection of intellectual property rights of geographical indications is of positive significance for China to promote the overall revitalization of rural characteristic industrial economy,promote the high-quality development of local economy,and further strengthen foreign economic and trade relations.,Based on the difficulties and difficulties faced by the legal protection of geographical indications in China at this stage,this paper analyzes the legislation and practice of geographical indications in China by exploring the theoretical basis of the legal protection of geographical indications,hoping to provide some basis for promoting the high-level protection of geographical indications in China.In this paper,historical analysis and comparative analysis are used for research.By studying the legal protection process of geographical indications in EU countries,and drawing on the experience,we can analyze and solve the problems existing in China’s current level of protection.Using the methods of mathematical statistics and case analysis,this paper studies the methods and basis of geographical indication cases in the judicial field of China in recent years,and analyzes the enlightenment of the cases on the legal protection of geographical indications in China.The research contents of this paper include: firstly,it expounds the origin and development process of geographical indications,the relevant characteristics of geographical indications and the relationship between similar concepts,providing a theoretical basis for the subsequent discussion on how to protect them;Secondly,according to the main legislative situation and characteristics of China,the problems in the legislative protection of geographical indications in China are analyzed;Third,by analyzing the situation of the judicial protection of geographical indications in China,the relevant cases triggered the thinking of the problems in the judicial protection of China;Fourth,through the analysis of the protection of geographical indications in EU countries,we can draw useful experience for the protection of geographical indications in China;In addition,it puts forward specific suggestions on how to improve the legal protection of geographical indications in China from the legislative and practical aspects: in the legislative aspect,it is suggested to protect the geographical indications step by step under the framework of the Civil Code and improve the legislative content;From the practical point of view,it is suggested to clarify the reasonable scope of use of geographical indication certification trademarks,and refine the standards of similarity and confusion.