Research On The Standards Of Geographical Indications International Protection

Purpose of this article is to analyze the standards of the international protection of geographical indications, to study their domestic application. Combined with well-known cases, sought an objective, reasonable way to analyze standards of geographical indications international protection, based on a thorough expert analysis and expert evaluation methods of the case to interpret the application of geographical indications international protection standards. This article chapter structure of the arrangements in accordance with the questions, analyzing problems and solving those problems.The main purpose of this chapter is to raise the main issues and do a good job base and bedding for make an analysis and conclusions below. This chapter makes introductions of the outline of standards of geographical indications international protection and application of these standards, combined with well-known cases, to raise several major issues involved .These issues are still difficult issues of today's geographical indications International protection under debate and don't solve. Make clear geographical indications international protection in the development process, when take about the formation of the standards of geographical indications international protection. Concisely summarize the status and the value of history of several international treaties we will analyze below. Among them the "Agreement on trade-related aspects of intellectual property rights "(referred to as" the TRIPS Agreement") is highlight. The TRIPS Agreement can be said the most widely influential, the most effective international intellectual property treaties at this stage. The TRIPS Agreement successfully integrates the WTO dispute settlement mechanism to make the implementation of TRIPS effective and mandatory, so that the effective implementation of the TRIPS Agreement has been benefit protection. And so far the provisions of geographical indications protection of the TRIPS Agreement are the most comprehensive and detailed. Therefore, knowing about the formulation, the draft text, and the goals of the TRIPS Agreement in details will help us understand why geographical indications international protection can be used as the minimum standards and these standards how to be correctly applied. The chapter will also make a brief introduction of the United States and Australia v. the EU about geographical indications protection case and take about the Group of Experts'detailed analysis of two issues involved the case: application of the national treatment and MFN principle and the relationship between GIs and trademarks. These two hot issues involve how to apply these two principles in practice and whether the registered trademark owner enjoys complete and exclusive rights, whether the EU measures violate the priority right of the earlier trademark owners, the legal status of GIs as a trademark right exception, how GIs can co-exist with the earlier trademark. The case also involves issues such as protection of the same name GIs, the relationship between GIs and the generic names, the domestic application of international treaties and other issues.The second chapter analyzes the differences between the geographical indications protection systems of the EU and of the United States to understand the causes of conflict, analyzes important international treaties provisions on these issues to understand the international community's attitude to these problems and the reasons these problems have always not effectively solved, analyzes all the TRIPS Agreement provisions on geographical indications to understand all the solutions of the TRIPS Agreement to these problems and issues still not solved. When analyzes the geographical indications protection systems of the EU and of the United States, we clearly see that both of them have very different national legislation on these questions, which lead to create the root causes of such problems on the application of international treaties. In the analysis of international treaties, we can feel that international treaties provisions related to geographical indications is gradually improving from imperfect to perfect, and the implementation of the treaties are impacted by the number of the states parties and their attitudes, so little success. When analyzes the TRIPS Agreement, we find a lot of problems defined more clearly and there are practical ways of implementation. Therefore, the correct interpretation of the TRIPS Agreement is important for effective geographical indications protection. But the TRIPS Agreement is not perfect. The TRIPS Agreement itself is the result of a balance of interests. Many problems are still neglected. Some of the risks are left. Expect that these problems would be addressed in international negotiations in future.Chapter Three is the focus and essence of this article, Understanding the application of standards of geographical indications international protection from a macro perspective and a micro perspective. Macro point of view is based on international treaties to research into the balance of domestic legislation and international legislation. Mainly from four aspects,they are the principled provisions of the TRIPS Agreement to choose performing way, the principle which the provisions of the treaty must be complied with and constraints of minimum standards, the balanced effect of MFN and national treatment principles, the struggle of the states'powers and the weigh attitudes of the Group of Experts, to intend to show that domestic legislation should be consistent with the provisions of international treaties. Ignoring and attempting to circumvent the provisions of international treaties are a violation of obligations that international treaties should be compliance with. Frequently, it is not helpful to establish the authority of international treaties and to the development of international trade and international legislation. The parties will be condemned and sanctioned. So the correct use of the international treaty to safeguard their legitimate interests is desirable.Microscopic view is based on the third part of the TRIPS Agreement, to make a detailed interpretation of domestic law enforcement requirements of geographical indications international protection. In fact, earlier on the comprehensive interpretation of several international treaties, in particular, the TRIPS Agreement on protection of geographical indications is also a microscopic view of the article. Only because the arrangements and structures of the article, the interpretation of international treaties is in the second chapter. This study aims to play a part in practice through the theoretical analysis.