Research On Geographical Indication Legal Protection Problem In China

The advent of geographical indication is mainly originated from consumer demand for characteristic product of consumers and the protection demand for production area of producers. Along with the strength of a tendency to integration with the global economy and the thoroughness of trade liberalization, geographical indication's commercial value increases continually, various kinds of tort happen frequently. The importance of the protection of geographical indication also highlights. Many international conventions and bilateral treaty have made enactments such as Paris Convention, Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and TRIPS. Foreign countries such as France, Germany and so on have form an system. The newly revised Trademark Law has set forth"the protection of geographical indication", and this is brand-new research which needs us to study up on, quest and practice.The article uses two study methods: comparative law and specific case. First, the paper discusses the concept of geographical indication, law characteristic and the legal protection scope of geographical indication. Secondly, based on the research on TRIPS and other international convention as well as the analysis of the mode of protection such as the special legislation protection, trademark law protection and anti-unfair competition law protection, the article sums up the tendency of international protection currently. Thirdly, in connection with the present situation, the writer finds the problems existed in it. Using for referential experience of foreign country, the suggestions lie in: 1. Put forward suggestion of how to perfect Trademark Law mode; 2. Improve anti-unfair competition law protection of geographical indication; 3. Take the additional protection for wine and spirits products geographical indication; 4. Strengthen the protection to the geographical indication through local legislation. This paper hope to push forward the process of the legal protection of geographical indication via these proposals, boost our domestic goods' competitiveness internationally and realize our country's economic interest farthest.