Font Size: a A A

Geographical Indication Legal Protection Mechanisms

Posted on:2006-11-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:X M LiFull Text:PDF
GTID:1116360152488002Subject:International Law
Abstract/Summary:PDF Full Text Request
The one of functions of trademark is to establish the indentity of certain commodity in the marktet, in certain way like the name of a person, which means to distinguish the commidity and service provided by one producer from others. Geographical indications performs the same way as the trademarks but dinstinguish a cluster of enterprises instead of one from other clusters. If one country not provid legal protection to geographical indications, the enterprises not located from a certain place could use the geographical indications,which will make the products originated from the place lose the geographical indentity. If the products lose the geographical indentity in the market, then the the good will associated with the place lose either. If one product can't distinguish from another product, then the saleman only can sale the product at average price in the market, which is nearly the marginal cost. The one main purpose to protection of geographical indications is to prevent the competitors from other places free ride to obtain unfair profits. The geographical indications can bring enomous value,especially to developing countris. Geographical indications can promote the export of developint country a lot due to these countries have comparative advantage in the farm produce. One reason of the success of wine industry in France is the heave attention paid to the wine and spirits geographical indications by the Frence government. Frane has designated over 400 wine products with appellations of origin, which sales is over 61 billion Franc, and plus spirit products, could obtain 35 billion Franc trade surplus per year. China is a major producer of agricultural products with a long history, who has accumulated various of geographical indications. So, if China provide high level protection for geographical indications, which can be a boslter up for the development of Chinese agriculture.Currently, there're various forms for protection of geographical indications, including unfair competition and passing off, administrative scheme, collective and certification marks and sui genris rights. The U. S.A has adopted the mode of collective and certification marks to protect geographical indications, but the France has adopted sui genris rights system. The dispute among different mode reflects a deeper contradiction. Different mode of protection will bring different influence and finacial interest. So, it's quite important to make out the features of different mode to choose the best one fit our country.Nowaday, China has adopted collective and certification marks as a major mode to protect geographical indications, but for the reason to adopt this mode lacks enoughtheoretic basis. This article hold that the mode of collective and certification marks has the advantage of definitive subject and clear scope of protection, which can overcome the limition of the traditonal protection of geographical indications, which can't designate the subject and scope of right clearly. And more importantly, the Trademark mechanic not only can promote the protection of geographical indications,but aslo and promote the use and value added. Up to now, many peoples believe that the system of origin of application administraded by the State Administration of Quality Supervision and Inspection and Quarantine (AQSIQ) is the root of the contracdiction arose between the trademark protection for geographical indications and the origin of appellation. Aorrding to this article, the author believe that this opinion is ex parte, and the right answer should be use trademark as a major method to protect geographical indications, and the administration in the standardization as complementarity. In the problem of protection of geographical indications, the two State office should make a clear distinction and cooperate with each other. Based on this holding, this article introduced the different systems of geographical indications protection in the world, and through compare and analysis to attain the conclusion of trademark system is the best system to protect geographical indications in our country. The main work of the article including 4 parts:The first chapter gave an overview of geographical indication. This chapter included four section, the first one discussed the meaning and significance of geographical indication, including the concept of geographical indication, constituents of geographical indication, the historical background of geographical indication dispute. The second section discussed the similarities and differences among the geographical indication, trademark and the appellation of origin, this section included two parts, the similarities and differences between the geographical indication and trademark, and the similarities and differences between geographical indication and appellation of origin. The third section discussed the scope of protection of geographical indication. Whether the geographical indication should include service is a heated dispute currently, up to now, according to the TRIPs, we hold that the geographical indications only applies to products, not to service. The TRIPs has a special prescription about the scope of geographical indication. It stipulates two level of protection for geographical indication. The one is ordinary protection of geographical indication , the other is the additional protection for wine and spirits products geographical indication. This section includs two parts, the scope of geographical indication and the exclusion of geographical indication. The fourth section mainly dealed with the additional protection for wine and spirits products geographical indication. The additional protection for wine and spirits products...
Keywords/Search Tags:geographical indication, trade mark, collective marks, certification marks
PDF Full Text Request
Related items