The Analysis On TRIPs 22-24

This Comment is divided into four parts. For the first part, this comment argues that the failure of the World Trade Organization ("WTO") to account for vastly different conceptions of intellectual property, as applied to geographic indicators, signals the likely collapse of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs"). The controversy over portions of the TRIPs agreement does not derive merely from the WTO Member countries' self-interested trade policy considerations, as many commentators maintain, but from a collision of ideals in intellectual property jurisprudence. This account focuses on the legal dimensions of the TRIPs controversy, which are the product of fundamental misunderstandings between the European Union ("E.U.") and the United States regarding the appropriate role of geographic indicators within an intellectual property rights regime.This Comment will first introduce TRIPs Articles 22-24, and then analyze the controversy over TRIPs Articles 22-24, arguing that TRIPs Articles 22-24 will fail for the same reasons that past multilateral agreements failed, and assessing problems with disparities between the substantive standards of TRIPs Articles 22(2)(a), 22(3), and 23(1) and examining inconsistencies in the exceptions available under TRIPs Article 24, and in the call for further negotiations by TRIPs Articles 23(4) and 24(1).In the third part, the comment will suggest some ways to solve the problems the TRIPs 22-24 face.For the fourth part, this comment analyzes the protection of geographical indications in China. China has been the member country of many international agreements that oblige the protection to the geographical indications, and the condition of our country also requires the protection of them. Now China has two mechanisms to protect the geographical indications: the protection by the Trademark Law and the protection by the Regulations On the Original Production. Two different administrations operate the protection by different laws. The two system not only conflict with each other, but also waste a lot of money. After the analysis of these two mechanisms, this chapter put forward a suggestion that is in accordance with the situation of today's China. At last, the paper put forward some proposals on the protection of the geographical indications.