Study On The Protection Of Geographical Indications

Geographical indications are the indications which identify goods as originating in the specific territory, where a given quality, reputation or other characteristics of goods is essentially attributable to its geographical origin. Geographical indications have the functions of indicating both the origin and the special quality and characteristics of goods. The reputation of geographical indications accumulated through many years can add the value of goods and bring huge profits to the producer. Geographical indications also play a very important role in the development of economy and especially the development of agriculture in a country. Nowadays many countries pay great attentions to the protection of geographical indications. There is one separate section which specifically regulates the protection of geographical indications in TRIPS. However, in China the study of geographical indications began late and there are many problems occurring in practice. This thesis analyzes the definition, nature and the four protection modes of geographical indications in other countries. On the basis of the analyses above and according to the status quo in China, this thesis proposes the perfection of the protection of geographical indications in China. There are four parts in this thesis. Chapter 1 introduces the definitions of geographical indications in TRIPS and the present laws and regulations of China and makes the concept comparisons with other related concepts such as indications of source, appellations of origin and trademark. This part also analyses of the nature of geographical indications, especially the nature of private right and intellectual property right as well as geographical indications'unique nature such as long-time existing and untransferability. This part then presents the value of geographical indications on the aspects of huge economic value, agricultural development, cultural protection and the enhancement of the international trade competitive ability. Chapter 2 analyzes the four protection modes in the world which shall be individually illustrated by a typical country. Chapter 3 introduces the laws and regulations that are relevant to the protection of geographical indications. This part also analyzes the causes of the existing problems, especially the problems caused by double protection systems from State Administration of Industry and Commerce and State Administration of Quality Supervision, Inspection and Quarantine. Then chapter 6 puts forward some advice on the perfection of the protection on geographical indications. We may apply the rule of"first in, first right"to resolve the conflict between geographical indications and trademarks. And on the basis of"Provisions on the Protection of Geographical Indication Products", we shall enact"Law on the Protection of Geographical Indication".