| Since [Trade-related Intellectual Property Agreement] ("TRIPS") become effective on January 1st,1995, the issue of protection on geographical indication ("GI") has been widely though highly of by every country. Recently, the Intellectual Property Council of the World Trade Organization has discussed on enhancing protection on GI. Based on the advantage of owning more than 6,000 indications of wine and hard drinks, European Union ("EU") lodged a motion concerning strengthening protection on GI of wine and spirit, in which European Union calls for setting up a multilateral notification and registration system in the member countries of the World Trade Organization; however, the United States representing other immigration countries is opposing against the EU's motion given its disadvantage on the legal system of protecting GI. PRC is rich in geographical indications, but the relevant legal protection system is far from consummation; it is hard to estimate whether EU's motion is in conformity with the interest of our country or not, it is also difficult for us to state our position in the negotiations, so it is practical and meaningful to reinforce research on legal protection on GI, to enhance protection on GI, to promote economic development, and to win over more interest in the international negotiations. This thesis begins with origin of product to analysis the conception of GI. In this thesis, the author thinks that the concept of GI is created based on concepts of indication of source and appellation of origin; GI is subclass to indication of source, it is a kind of indication of source that shows connections between product quality, reputation or other characteristics and the region it indicates. Comparing with the appellation of origin, GI is not limited to geographical name, it is also a symbol, design, emblem, etc. In addition, the author believes that appellation of origin falls into GI, appellation of origin is a type of special GI that uses geographical name. In terms of the characteristic of region and products indicated by GI, GI can be divided into two forms, i.e., native local products and special local products. In succession this thesis discusses function and characteristic of GI, and analysis similarity and dissimilarity between GI and ordinary marks from composition, effect, means ofacquisition of right, usages of GI, time limit of protection, relation of ownership and other aspects. With respect to the issue of attribution of GI, the author in this thesis introduces two different theories and raises the viewpoint that subjects of right of GI will be various entities, namely, GI can belonged to state, or belonged to citizen, legal entity or other organization within the region that is indicated by GI. In order to well set forth the process of source of GI, this thesis in detail introduces the international treaty related to protection of GI and draft of treaty that is stipulated by World Intellectual Property ("WIPO") to aim at protecting GI. From the effectiveness of in the year 1883, indication of source or appellation of origin has been protected around the member countries; the 《Madrid Agreement on the Repression of False or Deceptive Indications of Source in Goods》signed in the year of 1898 is an exceptional stipulation which focused on protection of indication of source; the《Lisbon Agreement for the Protection of Appellations of Origin and their International Registration》signed in the year of 1958 firstly established the international registration protection system on appellation of origin; the TRIPS agreement signed in the year of 1994 has included GI in the protection spectrum of intellectual property, it also set forth specific provisions concerning connotation of GI, protection criteria and protection method; moreover the TRIPS agreement provides bases for protection on GI to the countries all over the world. Considering the importance of TRIPS agreement, this thesis has detailed commented on three specific provisions related to GI in... |
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