The Protection Of Geographical Indications

The same as trademarks, geographical indications in the economic area of an important marketing tool. Along with the deepening global economic integration, geographical indications is no longer a purely intellectual property rights, geographical indications, highlights the increasing economic value and are subject to more and more people are concerned about the strategy of geographical indications has become a large industry-related companies with geographical features enhancing the competitiveness of the preferred strategy. In 1993 the World Trade Organization TRIPS agreement GIs (geographical indications) protection of a separate chapter, reflecting the international community's system of geographical indications of the right attention. The reason why the protection of geographical indications at the international attention because of the protection of geographical indications related to the protection of natural resources and human resources, related to the traditional dominance of enterprise development and international competitiveness of agricultural products, related to the broad interests of the people and even country's vital interests. In the market, geographical indications is not usually sold as a commodity, or be granted an absolutely dominant position, but on behalf of high quality and high reputation of the product; In addition, geographical indications have a national, regional or local cultural characteristics, these factors together constitute a geographical indication credibility. Therefore, the use and protection of geographical indications for the promotion of economic and social development of great significance.In recent years, China's legislation is also gradually begun to strengthen the protection of geographical indications. In 2001 the newly revised "Trademark Law" officially included in the scope of protection of geographical indications. In addition, "Anti-Unfair Competition Law," "Consumer Protection Law" and "Product Quality Law" also indirectly protected geographical indications, administrative regulations, rules and regulations from the executive level of protection of geographical indications. This shows that China's current legislation on the protection of geographical indications in the existence of a number of contents, the scope of protection and effectiveness of conflicting laws and regulations, so a perfect framework in line with China's national conditions the protection of geographical indications, the legal system is an important and pressing issue. This discussion is divided into five parts: The first part introduces the concept and characteristics of geographical indications, geographical indications and Related Concepts, and the protection of geographical indications, the necessity and importance, because in our country is not a geographical indication "has existed since ancient "concept, so the concept of geographical indication must have a clear definition. The second part, the author discusses the doctrinal basis of geographical indications protection theory, namely the use of philosophy of law and economics analysis of the theoretical basis for the protection of geographical indications, from the perspective of legal philosophy, geographical indications, the property attribute is subject to legal protection of geographical sign a legal property, geographical indications is a civil right, the set and the purpose of protecting such private rights have been public in nature. From an economic point of view, the formation of a geographical indication and its position in the market are a large number of economic investment and a long historical tradition as a basis, therefore, the formation of geographical indications need not only the geographical environment of economic inputs, natural conditions, cultural factors and historical traditions of the inputs, such as the formation of geographical indications of economic value and cultural value, together constitute a geographical indication of credibility, and ultimately the performance of the commercial economic interests. The third part describes the international organizations and the world's major countries and regions of the legislation and practice, including the United States, Japan, France and Taiwan region of Geographical Indications Introduction, from countries and organizations, legislative style, we can be conscious of international the development trend of geographical indications. The fourth part of the international protection of geographical indications generic three models of a special law model is reasonable. The last part, introduced the Protection of Geographical Indications in China the status of the protection of geographical indications in the problems, and adopt specific legislation to protect our model is reasonable. And our legislative recommendations that China should adopt special laws to protect geographical indications model, and adopt special protection of geographical indications in the rationality of the legislative model were analyzed separately from the subject of rights, the right content, right to the term of protection four aspects and tort liability protection of geographical indications in the Construction of specific legislation.