Geographical Indications Judicial Protection Of A Number Of Issues

TRIPS Agreement regards geographical indications as an independent object of the intellectual rights such as trademark, patent and copyright, and requires WTO members offer protection. The research on the geographical indications has been highly valued by the scholars all over the world, however, it is not sufficient in our country. The article is divided into four chapters. In the first chapter, the concept of geographical indications is roughly reviewed through his historical origin, and the differences between it and the related concepts are defined; Then, the conception and meanings of the geographical indications is defined, which is regarded as the logical starting point of the article, that is, what is defined in TRIPS Agreement. Then the scope and standards of the protection of geographical Indications are defined. In the second chapter, combined with the analysis of the status and problems of the ptotection of the geographical indications of our country, the torts of legislation, jurisdiction, supervision and so many problems in judicial practice are identified. In the third chapter, whith the comparison of the right analysis and the protection modes of the geographical indications from different countries, I propose that refering the right of the geographical indications as proprietary. On this basis, the special law on the protection of geographical indications ,which is suitable to our country should be formulated. The fourth chapter, which is researched mainly, puts forward the judicial protection system of the geographical indications, under which the right of the geographical indications can be granted, administrative action can be reviewed by the court and the judicial relief can be realized. In the framework, the article is expounded in five respects as follows: how to decides who owns the right of the geographical indications, how to grants the right of the geographical indications by the court, how to reviews the administrative action by the Court, how to judges the tort liability of the geographical indications and how to relieves the tort of the geographical indications by the Court.