On The Protection Of Geographical Indications Under The Vision Of The Anti-unfair Competition Law

As one of the most important rights in the international intellectual property right protection system, geographical indication is being highly valued by many countries day by day. The TRIPS of the WTO has clearly defined and rigidly protected geographical indication, a lot of countries have made definite regulations on geographical indication protection, and every country has taken a different regulative pattern. Many concerning laws and regulations of our country have become the legal resources of geographical indication protection, such as Trade Mark Law, Anti-unfair Competition Law, Geographical Indication Protection Regulation, etc. However, as a matter of a fact that our country takes a later starting in geographical indication protection, so the rules of geographical indication in our country are not sound and perfect, and people don't pay adequate attention to the necessity of perfect geographical indication protection compared with some developed countries of the world. The newly-revised Trade Mark Law of our country adds the rule on geographical indication, and the newly-issued Geographical Indication Protection Regulation establishes the protection on geographical indication as a government branch regulation, whereas there still exist some problems to geographical indication protection. China has already taken part in the World Trade Organization, so the rules on geographical indication must be more definite and legislation must be more effective for fear that we want to develop our advantages better in the World Trade Organization. Therefore, at the present stage of our country and under the condition that there aren't specialized geographical indication legislations, it is of great practical significance to exert the complementary and supplementary function of Anti-unfair Competition Law on geographical indication.The train of thought of this paper is: at first place, at the present...