Research On Legislative Perfection Of System Of Protection Of Chinese Geographical Indications

As an object of Intellectual Property Rights, the protection of geographical indications in our country is just the last 20 years thing. In recent years, with the development of economic and improvement of people's living standard, the role of geographical indications in economic development becomes more and more important. The protection of geographical indications has aroused a comparatively intense reaction in the homeland academic circles. There are three modes in the protection of geographical indications in the world: the first one is special law mode, represented by France. Countries adopted this mode has much resources of geographical indications, and therefore require strong protection of geographical indications; the second one is trademark law mode, represented by the United States. Countries adopted this mode have little resources of geographical indications, there is no need for special protection for geographical indications. As these countries have a sound trademark law, trademark law is therefore used to protect geographical indications; the third one is Anti-Unfair Competition Law mode, represented by Japan. Countries adopt this mode to safeguard the social and public interests. These three modes have their own advantages and disadvantages. Our country's system of protection of geographical indications has been influenced by these three modes. In our country, we have two systems in the protection of geographical indications, one is through collective mark or certification trade mark to protect geographical indications, the other one is through special law to protect geographical indications. In the same time, our Anti-Unfair Competition Law also plays an important role in the protection of geographical indications. There are some problems in the protection system of Geographical Indications in our country: the first problem is that there is conflict between geographical indications and trademark, the second problem is that the special law is currently no legal basis, the third problem is serious infringement of geographical indications. In response to these problems, first of all we should rationalize the relationship between geographical indications and trademark. We should establish the principle of protecting prior rights, in certain geographical indications and trademark can co-exist. Enterprises in the use of geographical indications at the same time, it should establish brand awareness, build their own brand. Coordination mechanism of Special Law and Trademark Law should also be set up. Secondly, in order to solve the problem of legislative authority, it should be enacted by the legislature by the state special law to protect geographical indications. Finally, it should be clearly defined in the legislation acts of infringement of geographical indications legal responsibility.