| As valuable intangible property, geographical indications have been protected for more than one hundred years in many foreign countries. Some European countries have formulated complete institutions to protect their geographical indications, such as France, Bulgaria, etc. However, as regard to China, the protection of geographical indications is still on the first step. China revised its 'Trademark Law' to satisfy the demand of WTO(World Trade Organization) and carry out our promise of observing TRIPS(Agreement on Trade-related Aspect of Intellectual property Rights) on the end of 2001.The most remarkable in the law is that the concept of geographical indications was regulated formally, which indicated geographical indications would be protected by the law definitely and 'Trademark Law' provided basis for the protection of geographical indications. How to strengthen the protection of geographical indications has become an important problem which each country pays close attention to in the world. We should understand the significance to us and take good advantage of our famous traditional products to help us to compete with other countries and develop our economy effectively. I'm interested in the subject of protection of geographical indications and do some research on it, so I write this paper. I'm very appreciate for the help and direction my teacher has given to me. This paper tries to introduce the definition of geographical indications, analyze the way of protecting geographical indications both in different countries and in the international society and make some advice on how to improve our system related with the protection of geographical indications.The first part prescribes the definition, characteristics of geographical indications. According to TRIPS, geographical indications are indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. The difference among geographical indications and trademark, indications of origin and common name of goods is that a given quality, reputation of the good isrelevant with its geographical origin.The second part introduces different ways of protecting geographical indications suitable for different countries and measures of international protection. In means of trademark law geographical indications can be protected effectively, so the way of trademark law has been accepted by more and more countries. With the development of international trade and market, international cooperation will become more important to the protection of geographical indications. This part focuses on rules of TRIPS about the protection of geographical indications and sets forth subject of the next negotiation which will be held in WTO as well as standpoints of major Members this year.The third part is the center of this paper. It elaborates the significance of protecting geographical indications to China, then analyzes situation at present, lists problems which prevent us from developing our economy we are confronted with and make some advice on how to strengthen the protection of geographical indications at last.As regard to the significance of protecting geographical indications, it helps to improve quality of goods, increase economic interest. Especially, we're developing agricultural industry, advancing establishment of famous agricultural products, the most important to agriculture is to protect geographical indications of such products.As regard to the problems existing in China at present, although the protection of geographical indications has been regulated in the law, people don't understand the significance of it yet, the way of protecting geographical indications isn't practical and the contradiction between two administrative authorities make producers and their associations awkward and puzzled.As regard to the advice on how to strengthen the protection of geographic... |
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