A Research On Chinese Legal Protection Of Geographical Indications

As a kind of trade mark characterizes intellectual property,geographical indication has great economical significance andcommercial value. This article starts with present situationof protecting geographical indications in Hunan, analyzes theproblems in protection of Hunan's geographical indicationsand explores the best approach to protect Chinese geographicalindications, which is expected to make our commodity to be morecompetitive with geographical indications, to maintain ournational high-quality goods and to promote the development ofChinese economy.The text includes four parts. The first chapter is generalbasic theories on geographical indication. This chapterdiscuss the concept and characteristics of geographicalindication, then explore the common and the difference betweengeographical indication and original habitat name, the markof goods' sources, trademark. The second part is on the historyof legal protection of geographical indication. This partanalyzes international treaties on geographical indication andmain pattern of protecting geographical indication overseas, then discuss the history in china protecting geographicalindication. The third chapter is on present situation andproblem of Hunan's protection of geographical indication. Onone side, this part analyzes the whole situation of protectinggeographical indication and the reason why it is so laggard,by investigating the goods that has registered and the goodsthat with geographical indication characteristic but not yetregistered. On the other hand, by investigating use andmanaging situation of geographical indication and proventrademark "luiyang fireworks", to explore the problem in thedouble protection of trademark and geographical and the reasonsbehind it. The forth chapter is on consummating of Chinese legalprotecting system, firstly it discuss how to consummate Chineselegislation on protecting geographical indication, it'ssuggested to consummate the relevant article of trademark lawand make local statute on protecting geographical indication,then it explore the consummating of manage system ofgeographical indication. It's proposed to make clear ofresponsibility of the authorities and to build a scientific andreasonable manage system, while establishing professionalmanage association within geographical indication industry.Finally it analyzes how to strengthen government's support. Government was suggested to implement the policy of strongprotection of geographical indication and intensifiespropagation of protection of geographical indication.Government should improve people's understanding in legalprotection of geographical indication as well.