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Research On China's Legal Protection System Of Geographic Indication

Posted on:2012-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:R JiangFull Text:PDF
GTID:2166330335460383Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Geographical indication is a sign which indicate a goods have specific quality, reputation or other characteristic. Geographical indication in countries in economic development plays an increasingly important role, therefore, the national laws are the legal protection of geographical indicate the regulation, formed respective geographical indication protection legislation mode, in order to protect its geographical indication, developing national economy, our country is no exception. Our country mainly adopts the trademark law protection and the geographical indication product protection sets protection parallel mode to protect our geographical indication, but these two kinds of protection mode relationship of chaos caused in the practice of the conflict, very disadvantageous to China geographical indication the legal protection. This paper attempts to comprehensive use of historical analysis, comparative analysis and other methods, from the perspective of systematism legal protection system of geographical indication, the comparative studies systematically tries to put forward based on geography indication in our country legal protection system construction rationalization proposals, this paper will be divided into five chapters.The first chapter in carding geographic marks the first in the course of history was made clear geographic marks based on the concept, nature of law and relevant concepts relationship.The second chapter basically to the TRIPS agreement about geography symbol on the provisions of system analysis, headed analyzes the TRIPS agreement 22 to 24 of the specific provisions.The third chapter basically from institutional changes, institutional aspects of content in the world at present three main types of geographical indication legal protection system were studied comparatively. Include in France, as a representative of law protection system to American law as a representative of the trademark protection system and anti-unfair competition law protection system. The system does not necessarily applicable in an exclusive basis, instead of using different protection means accumulation is very popular. According to different purposes and product to choose suitable for different legal protection system and protection system should be coordinated between each operation.The fourth chapter on our country's existing geographical indication protection system, systematic and reflection on our country adopts the trademark law and geographical indication protection regulations law protection product concurrent mode to protect the geographic marks, but legislation, management etc. cause the conflict of the two protection mode.The fifth chapter in the foregoing, based on the research, with China's national conditions of geographical indication protection system proposed:the construction of legislation should with geographical indication of intellectual property rights and proprietary nature of attribute value judgment standard, and establish a trademark law mainly law protection system for added to the protection system, as well as other relevant laws, make different legal system of coordination, in order to form a unified whole effective protection of China geographic indication resources.
Keywords/Search Tags:geographical indications, The TRIPS Agreement, protection mode, conflict of laws
PDF Full Text Request
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