Chinese Geographical Indications Protection System Research Under TRIPS

The research on the geographical indications problem has been esteemed highly by the scholars all over the world, however, it is not sufficient in China. With the reinforcement of the trade liberalization putting up an inner chest in the WTO, it sprout a large amount of the events that the Chinese geographical indications being rushed to give register by countries across the sea with brand form's, the geographical indications problem has aroused a comparatively intense reaction in the homeland academic circles. The article starts from the fundamental theory of the geographical indications, and to illuminate its concept, the law characteristic and relevance in TRIPS to indicate the position. Having had several chapters of front basic theory, the article will emphasize analyzing the right category and the theory of protected mode. It will also brought theory on how to apply the invade theories on TRIPS knowledge of general property rights to geographical feature. Geographical indications rights and the protect mode insist, it has direct relationship with both position and safeguards adopted by legislator. What's more, it is advantageous to adopt" Geographical indications rights law now belongs to the third comparatively region law". Moreover, geographical indications indicates right tort theory is to have geographical indications tort , geographical indications tort imputation , geographical indications tort pay for principle as well as law relieves four aspects to build theory system. Having illuminating the basic situation of our country on protects of the geographical indications and the difference with the TRIPS. The article at last bring forward suggestions on international negotiation, as well as in perfect our geographical indications.