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Research On The Protection Of Geographical Indications

Posted on:2011-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiFull Text:PDF
GTID:2196330332479452Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, China's protection of geographical indications system is constantly deepening and improvement of the constant introduction of relevant legislation, companies are increasingly growing and expanding country of origin, and it all seems to indicate that the protection of Geographical Indications in China seems to getting better. However, no to procrastination Yi Yu, a time can get away with, but. not to the power-consuming method, not enough to change the world, with words such as " poison Jinhua Ham ", " false Pingyao Beef, " similar to the famous enterprises in the, poor country of origin lines emerge, our existing system of GI protection has been a severe challenge, on the one hand, extremely rigid certification system of geographical indications to the lack of effective mechanisms for entry and exit, creating the business origin of the weakness of market feedback, On the other hand, the existing legal system of protection of geographical indications under the lack of a market economy mechanism of competition, which directly led to the loss of a large number of the origin of the core competitiveness of enterprises. At the same time, corporate misdeeds seems stains reminiscent of Marx's famous statement, corporate social responsibility and profit-driven nature of the contradiction here has become irreconcilable. More importantly, as China joins the World Trade Organization, economic, technological and rapid development of a variety of issues related to the protection of geographical indications emerging, which is tantamount to accelerating the highlights of the issue of geographical indications, a new system of GI protection imperative. With the geographical indication is a commercial trade and the emergence of new things. And trade, trade tradition, and efficiency changes in the cost of the value of geographical indications are likely to create a new change, if the design of a system of economics did not consider the effect that changes in space and time make forward-looking regulatory system, then this system will become incomparable stiffness, the meaning of existence itself will be suspect. Therefore, how the law in a timely manner in accordance with market with Chinese characteristics and efficient system of protection of geographical indications, how the field of legislation and guidance of the real origin of equity companies continue to improve their core competitiveness and social responsibility, so as to achieve " Pareto superior" to the ideal of the problems discussed in this article. In this paper, the typical pattern of two protected geographical indications " French model " and the " American model" of departure, through the perspective of microeconomics, the new look of these two models the effectiveness of legislation and legislative differences in technology, while in law hope Through in-depth analysis of the spirit of these two models the reality of the mapping mode, the actual achievements are two typical modes of theoretical foundation, and ultimately meet the national conditions of China to explore a system of protection of geographical indications.
Keywords/Search Tags:Geographical indications, Profit-driven, Social responsibility, Pareto
PDF Full Text Request
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