Research On The International Protection Of Geographical Indications

Geographical indications play important roles in developing regional economy, protecting traditional culture, promoting international trade and etc. In this regard, many countries not only make legislations to protect native geographical indications, but also seek international protection as well. Since geographical indications are protected by TRIPS, the entire world thus pays a lot of attention to it. However, different countries hold different opinions on this issue. In Doha round, EU and United States stands for the old world and the new world respectively. The differences between the allegations from EU and United States also embodies in the bilateral agreements concluded by them. In this situation, it is worth considering that what kind of choice should our country make? In respect to the legislation and practice of protecting the geographical indications, our country is still at the exploring stage. If we know more about the international conventions of geographical indications and the international trends of protection, we will do better job of consummating the Chinese legal system.The article is mainly divided into four sections, setting aside introduction and epilogue.Section one introduces the basic theory of geographical indications. Many crucial issues in relation to the protection of geographical indications are based on the connation of geographical indications. Hence this article begins with the definition of geographical indications. The connation of geographical indications is illustrated by comparing the geographical indications with several other relative concepts. Geographical indications owns the character of non-negotiability, special community and permanence, which makes it an independent kind of intellectual property. Then the article discusses the necessity of protecting geographical indications based on an investigation on the function of geographical indications, the significance of protection and the severity of infringements.Section two discusses the international convention concerning the geographical indications. First, it briefly introduces the Pairs Convention, the Madrid Agreement and the Lisbon Agreement. Second, the paper analyses the protective articles of geographical indications under TRIPS in detail, which give a specific illustration of the applicable scope, the level of protection, and those exceptions.Section three mainly concentrates on two kinds of attitudes toward international protection of geographical indications. The different opinions are embodied both in the multilateral treaties and bilateral treaties. On the one hand, the traditional countries like EU, and the new countries like the United State haven't compromised with each other in Doha round. The dispute focuses on the establishment of a multi-lateral system for the notification and registration of geographical indications, the extension of so-called additional protection for wines and spirits to products other than wines and spirits. On the other hand, EU and the United States set forth their allegation in their bilateral treaties. The reason why two countries hold different opinions is that there are obvious diversities on the economy, the culture and legal traditions.Section four demonstrates the protection of geographical indications in China. What position should China take in the negotiations under the context of WTO or in the process of making bilateral treaties? In accordance with China's own situations, the author puts forth her suggestions about the said questions. Protection of geographical indications is far away from perfect. It is necessary for Chinese government to strengthen the domestic protection of geographical indications so to honor its international obligations. This paper is concluded with the author's viewpoint that China should enact its protection of geographical indications.