The Research On The Protection Of The Intellectual Property Rights Of Geogrophical Indication

Geographical indication is a kind of intellectual property,to which more and more attention is paid.As an important indicator of goods origin, quality and group interests , geographical indication contains great business value. In modern world, geographical indication has been used as a efficient instrument by many countries to protect local special products and to compete in the world market. The protection of geographical indication is concerned about by several international treaties and many countries' laws .China , as a developing country ,having old agricultural culture and a vast territory, is a great nation of resources in geographical indication . Geographical indication is mainly applied to agricultural products , foods and hardicrafts. It is of great significance to our agricultural development. It is the promoter of agricultural prosperity, the earner of money for farmers to become rich and provide the passage for local special product to be in face of the world.It plays a decisive role in resolving the agriculture—farmer—countryside problem in our country.Our protection of geographical indication has a history of 22 years,since we joined the Paris convention on protection of Industrial property in march ,1985and began to undertake the obligation of protecting origin names through 22 years' practice . We have established a preliminary system including trademark law ,Anti—unfair competition law and so on .However, we are still in the initial stage of geographical indication protection . Our system is not perfectly developed . We should do further study on international conventions , such as TRIPS,and other countries' actions on geographical indication protection . We also need perfect our geographical indication protecting system beginning with system design . All the actions are of great importance to promote geographical indication becoming the strong part of intellectual property protection , to increase our export of famous and special products and to realize the goal of economy's good and fast development.These are what this thesis aims at.There are four chapters in this thesis , which respectively discuss the issues such as the concept , right nature ,sense of protection , several legislative modes of geographical indication, protecting stipulate in international part such as TRIPS, situation and problems in protecting geographical indication in china and proposition of improving the protection of geographical indication in china.The first chapter introduces the concept and connotation of geographical indication, analyses the relation of the indication marks among geographical indication ,indications of source ,marks of origin and trade marks , identifies the right nature of geographical indication and clarifies the important meaning of the enhancement on the protection of geographical indication.The second chapter analyses the oversea legislative mode of geographical indication and its international protecting system , inspects the oversea protection of trade marks , special law protection , anti—illegitimate competition protection , introduces the stipulate of geographical indication in the Paris convention and emphasizes the protecting regulations in TRIPs, which gives china the greatest effect.The third chapter analyses the current situation and problems in the geographical indication protection of China . Firstly , the essay clarifies the 22 years history of legislative protection from the protection by the Paris convention to gradually making laws , administrative code and department regulations , which forms a system of various levels . Then, by particular cases, the essay analyses the defects, contradiction and harm caused by the current dual protecting modes.The fourth chapter makes several proposition on the improvement of Chinese geographical indication protection. On legislative protecting mode , the essay proposes the buiding of the dual system, in which trade mark law plays the most important rules and special laws assist it, and make the overlapping and conflict two parts divide and rule with mutual power. Also , the essay makes several proposals on the concrete measures to the protection of geographical indication.