Study On Legislative Mode Of Protection Of Geographical Indications

Geographical Indications (GI) is an important intellectual property, it not only creates large economical value, but promotes the conservation and promotion of intangible cultural heritage and improve the protection of environment. China has long history, large field ,various nations, full resources, all of them create advantaged conditions for producing lots of Geographical Indications. Agriculture has significant status in China, most of Geographical Indications have close relationship to agricultural. So, the protection of Geographical Indications has very important meaning to the development of economy of China. Nowadays, China adopts the legislative mode of protection of Geographical Indications which gives the trademarks law and special law the same status, this measure is not suitable for the situation of China. This mode produces kinds of problems, so it makes against the economical benefit of Geographical Indications. This paper takes comparative research with the legislative mode of protection of Geographical Indications, meanwhile it gives suggestion about how to establish a perfect legislative mode of protection of Geographical Indications base on the situation of China.This paper has about 35,000 words, it consists of four chapters except for the introduction and conclusion. The first chapter is summarize of Geographical Indications. Firstly,this paper researches the origin and development of the concept of Geographical Indications. Secondly, the paper compares the concept of Geographical Indications and other close concepts. Thirdly, this paper discusses about the meaning of the protection of Geographical Indications.The second chapter introduces and criticizes the legislative modes of protection of Geographical Indications. Firstly, it introduces kinds of conclusions of legislative modes of protection of Geographical Indications which concluded by researchers in China. Secondly, it introduces the four kinds of main legislative mode of protection of Geographical Indications which classed by the World Intellectual Property Organization (WIPO),those modes are trademarks law mode, special law mode, unfair competition and passing off mode, and administrative scheme mode. This paper also compares these modes and criticize them.The third chapter introduces and criticizes the legislative mode of protection of Geographical Indications in China. Firstly, takes an review about the three periods of Geographical Indications in China. Secondly, the paper talks about the disadvantages of the protection mode which took by China, such as the inconsonance between the trademark rights and the protection of Geographical Indications, the strength of protection of Geographical Indications is not enough, some local governments in China lack the mind of promoting the local economy by Geographical Indications, the guild has no strong power about protecting the Geographical Indications, and The International Trademark Association(INTA) admits there is difference between the trademark and Geographical Indications.The fourth chapter discusses what kind of legislative mode of protection of Geographical Indications should be chosen by China and how to be established, this part is the main body of this paper. Firstly, the paper proves the special law mode is more suitable for China from six aspects such as the situation of Geographical Indications in China, the trend of legislation of international in the field of Geographical Indications, the reality of protection of Geographical Indications in China, the good advantage of register procedure of law mode, and so on. Then the paper talks about how to build the legislative mode of protection of Geographical Indications from eight aspects such as the concept of Geographical Indications, the range of applicant of Geographical Indications, the form of the administration of the Geographical Indications, the amendment and revocation of geographical indications registration, and so on.