| After the foundation of the World Trade Organization (WTO) .Geographical Indications (GIs) are protected under the TRIPs agreement as an intellectual property right. Thus, GIs have been becoming an eye-catching problem in the whole world. With China's entry into WTO, the Chinese economy is becoming part of the economic globalization. While performing the duties of the TRIPs, we also have every right to enjoy the benefit entitled to us by the TRIPs. So ,in order to make most of geographical indications for our country, we should try every means to protect GIs, which are considered to be one of the few advantages to China in the field of intellectual property rights.However, the present situation in protecting the GIs in China is really worrying. This problem arouses great interest in me, and it is my impetus and aim to try to change the present situations. This essay begins with the general introduction to GIs, which includes the source, definition, characteristics and legal qualities of GIs. Article 22.1 of TRIPs defines geographical indications as "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."Chapter Two sees a comparative study between GIs and some related problems, In this context, it clarifies the differences between GIs and the rules of origin, indications of source, trademarks and trade names. Such a comparative study gives us some further information about GIs.The following two chapters review the stipulations and legislations in the international treaties and some foreign laws, especially the provisions related to GIs under the TRIPs.Chapter Five retrospects the history related to the protection for GIs in China, the history is divided into three periods by the author. And an objective analysis is presented before the readers.While Chapter 6 lays great emphasis on the current "parallel protection mode"in China, that is .China Industrial and Commercial Administration protects GIs under trademark laws; while China Quality Inspection Bureau protects GIs through the registration of the products of designation of the GIs. Then the author points out the deficiencies of the two modes and the conflicts between them.Chapter 7 firstly puts forward some questions, such as "How can we accurately comprehend the provisions related to GIs under TRIPs?", "Why are GIs considered to be one of the few advantages in the field of intellectual property rights in China?", "Why are GIs of great economic significance to China?" and "How should we learn from the foreign legislations?". Then the author gives his own answers to the above questions respectively.Finally, the author puts forward some legislative proposals concerning protection for GIs. Concretely speaking, that is, a special law should be made. Only in this way, can GIs be better protected and bring us more benefits. Besides, the author also offers that the two-step measure should be adopted, namely ,the immediate-term plan and the long-term target.For the sake of convenience, the author studies the subject of this essay from a historical point of view and through comparative study. Besides, some empirical evidence has been given in order to better illustrate this problem from the point of economics.The practical significance of the essay lies in the following points. Firstly, the essay can make more local governments and enterprises pay more attention to GIs, and take actions to protect GIs actively. Secondly, the essay provides some good advice on how to fight against illegal use of GIs, thus maintaining a sound market and protecting the benefit of both consumers and legitimate producers. Thirdly, some proposals are put forward for the relevant departments, which may give a hand in promoting the legislative and administrative work concerning GIs.Because the subject involves not only civil and commercial laws, but administrative laws; not only nationa... |
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