Research On Legal Issues Of Geographical Indication Table Of Contents

Geographical Indication is a kind of sparse and un-reproducible natural and human resources, in which may have huge economic benefits . Many countries in the world pay great attention to the protection of their own geographical indications because of its large influence on one nation's economics. It's not very long for the research and legislation of geographical indication, so there are a few controversies on the legal issues concerning geographical indication. This thesis interprets the concept and character of geographical indication, reviews the international history for protection of the geographical indication and its lawmaking actuality in some countries as well, analyses the present protection of our country's geographical indication, and comes to a conclusion concerning the choice of the legislative mode in our country.This text is divided into four parts, Chapter 1 is the concept of geographical indication, Chapter 2 is the character of geographical indication, Chapter 3 is the protective history of geographical indication, and Chapter 4 is the protection actuality and improvements of geographical indication in our country.Chapter 1 presents the source of geographical indication and also gives the concept comparing with other related concepts. Geographical indication includes the broad and narrow meanings. The narrow sense is the same as the beginning protection of the the name of the original place, and the broad sense includes the appellation of origin and the indication of source. The following dissertation refers to the broad sense.Chapter 2 thinks that the character of the geographical indication is not a public rights of government, but a collective rights belonging to the local place. On the premise of looking upon the geographical indication as a private right, we bring the geographical indication into the supervisory system of Trademark Law, but we cannot say that the geographical indication is a trademark, which accords with the present actual situation of our country.Chapter 3 introduces the international protective history of the geographical indication and the legislative form and actuality in other countries. All the countries in the world are trying to improve their systems on the protection of the geographical indication, and lacking relevant research and legislations, our country must study and draw lessons from the other countries.Chapter 4 figures that the officials must consult with each other on the problems of protection of geographical indication .That's to say, the administrative department should come to handle problems if it will have harm to the public order, and the disputes among equal civil subjects must be resolved through the civil procedure by court. In the end, this paper makes some suggestions on the protection of the geographical indication.