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Legal Protection Of Geographical Indications

Posted on:2006-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:X X LiuFull Text:PDF
GTID:2206360185967527Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As one kind of the intellectual property right, geographical indication is a kind of intangible property which has economic value. By owning it one can get a large quantity of wealth. So, the action that so many people who have no right just pickup and counterfeit it is out of control. Therefore, the problem that how to prevent geographical indication from being abused and ban the counterfeiting effectively has attract the attention of the specialists all over the world.The dissertation includes 4 parts:The 1st part: mainly talks about the basic theory of the geographical indication. First, the dissertation analyzes the signification of geographical indication, its function and the relationships with trademark, the signs of the goods supply, the general title of the commodities and the trade name. It also analyzes the features . geographical indication is related to the specific quality of the commodities it indicates, and it can identify the other products of the same group.The 2nd part: mainly analyzes legal nature of geographical indication. The legal nature concludes the points as following: firstly, geographical indication is a kind of intellectual property; secondly, it is a shared right of collective nature, thus it does not belong to any person and juridical person. Thirdly, geographical indication has the feature of permanence, which distinguishes itself from other kinds of intellectual property.The 3rd part: mainly analyzes the international protection of geographical indication. This part talks about the international protection of geographical indication, more specifically, the protection made by the international convention, specially the regulations in TRIPS under the WTO frame; and it also analyzes the protection of foreign legislation, so we can get some ideas for the construction of Chinese legal protection of geographical indication. Generally speaking, the protection of geographical indication can be classified into 3 groups: the specific...
Keywords/Search Tags:Geographical indication, Intellectual property, TRIPS Agreements, Model of the protection
PDF Full Text Request
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