Discussion On Geographical Indication Legal Protection

Geographical indication is an important intellectual property right in today's world. At the same time geographical indication means big fortune, sometimes itself is the representative of huge commerce benefit. Protection system of geographical indication is the main practices adopted by most countries in order to fit in with global market competition and effectively protect home products. More and more international treaties and laws relating to the protection of geographical indication have been made out. Now China still is in the initial phase of development in protection of geographical indication .On one hand, in practices, more and more people are cognizant of the important function of geographical indication, also more and more people apply for the geographical indication; but on the other hand , the amounts of geographical indication approved by the bureau of trademark are not so satisfactory, only 110 geographical indications had been authorized from 1995 to May of 2004. This is not corresponding with the development pace of our economy. So, to develop geographical indication actively is imperative for developing our economy and engaging China with the world.Texts of my paper include four chapters, which deal with following contents separately: conception, characters and tortuous behaviors of geographical indication, protecting status of geographical indication abroad, protecting status of geographical indication in China, detailed suggestions on how to perfect protection measures in China.The first chapter introduces and analyses the conceptions and meanings of the geographical indication, expatiates the realistic meaning of protecting the geographical indication, and analyses how to identify the tort behavior of geographical indication, the typical representative forms and corresponding legal responsibilities.The second chapter mostly introduces the protection of the geographical indication abroad like France, in combination with rules of geographical indication in international law to discuss the legislation mode of geographical indication.The third chapter mostly analyses the current usage and protection status of geographical indication in our country and points out the main pending problems.The last chapter brings forward policies and advices to consummate our systems of protecting the geographical indication based on the analyses in the third chapter.