Research On Chinese Legal Protection Of Geographical Indications

As an important part in international intellectual property protection, geographical indications(GLS) have been highly valued by most countries more and more at present time. As valuable intangible property, GLS have been protected for more than one hundred years in many foreign countries. GLS are the important intellectual property objects that TRIPS protects. New trademark law posed the concept of GLS the first time and did initial protection.The whole paper is consisted of foreword, main body and conclusion.In the first chapter, the paper indicates that as regard to the great economic significance and practical legal significance of protecting GLS, it helps to safeguard due rights relation to GLS, take advantage of the limited resources from legislation and judicature properly, protect Chinese traditional knowledge, promote the development of brand trade and defend the benefit of GLS products in world.In the second chapter, the paper discusses that the characteristic of GLS, which belongs to a sort of private rights or intangible property rights by its very nature, is special intellectual property.The third chapter mainly introduces the international legislation relative to GLS. The international conventions of protecting GLS include the Paris Convention for the Protection of Industrial Property, the Madrid Agreement for the Repression of False or Deceptive Indication of Source on Goods, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and the Agreement on Trade-Related Aspects of Intellectual Property Rights.The fourth chapter expounds the existing system of protecting GLS in China. China adopts Trademark law + Original Products model. However, such laws as Product Quality Law, Anti-unfair Competition Law and Consumer Protection Act provide additional protection. Legal protection about GLS in China nowadays is not enough, which has brought about four kinds of conflicts or contradiction, namely, legislative conflict, jurisdictional conflict, the conflict of right of supervision, the conflict between exclusive right of trademark and the protection of products of designations of origin or GLS. The dispute about "Jin Hua Ham" case is a strongevidence of a series of conflicts.In the fifth chapter, the paper introduces the four foreign legislation protection modes including specialized law , trademark law, anti-unfair competition law as well as certification mark combined with independent GLS protection. The paper analyses and summarizes the current legislation model of GLS in China, then puts forward some suggestions to perfect the legal protection of GLS in view of the problems in existence. As regard to the advice on how to strengthen the protection of GLS, the part is linked with TRIPS viewed as a minimum standards agreement. It is necessary for us to formulate concrete rules to make it more practical. Finally, the paper puts forward the suggestions about establishing the Chinese protection system for GLS.The sixth chapter mainly probes into practical application of GLS in China. On the one hand, GLS have actual meaning. On the another hand, GLS express the strong brand effect. Confronted with intense world competition, China should carry out GLS brand strategy. The government should provide corresponding policy support and legal safeguard. All producers should regard GLS as a kind of brand, improve quality of agricultural products, abide by standards home and abroad especially international standards, pay attention to brand culture and legal protection so as to increase economic interest.