Research On The Legal Protection Of Geographical Indication

Geographical indication refers to the relationship between the particular geographical environment and the product, it contains the huge economic value, it has tremendous effect on country's economy. Therefore, countries are pay great attention to protect their geographical indications, And our country for protection of geographical indication has not formed complete protection system, is still a new task. Therefore, it is necessary on the analysis of the relevant concepts of geographical indication, to understanding the countries of geographical indication status in China geographic indication, after analyzing the existing problems and put forward to China's national conditions of geographical indication protection system.This paper by the preface, text, closing three parts, among them the main text is constitute by five parts. Respectively analyze and expound the concept of geographical indication, The international convention for the protection of geographical indication, ways by many countries to protect geographical indications, the existing problem in Chinese geographical indication and how to improve it.The first part mainly introduces the basic introduction to the theory of geographical indication. Including the concept of geographic indication, geographical indications and sources identification, origin name, trademark and other related concepts discrimination, geographic indications of the legal nature and geographical indication protection of legal values. One definition of geographical indication and relative concept of entropy of geographical indication protection system for the formulation of a positive role for geographic marks, the legal nature of the dispute, I think geography symbol is the nature of each country specific conditions by decision, different conditions of geographical indication protection system, and geographical indication of different properties are different. The value of geographical indication of geographical indication protection was discussed, and the attention of have a positive effect. The second part mainly introduces the geographical indication protection currently under international conventions. Including " the Paris convention ", "the Madrid agreement", "the Lisbon agreement with the tri agreement", the main a few to this convention on geographical indication protection in the regulation, and analyzes the characteristics of these provisions. The main analyzed the TRIPS agreement on protection of geographical indication. The analysis of the convention is good to perfect our country of geographical indication protection.The third part mainly introduces and analyze for each country geographical indication protection mode currently, there are four main modes, ZhuanMenFa protection mode, the trademark protection mode and reverse good-for-nothing when competition law protection mode and mixed mode. For the four modes of the main representative countries formulate background, and has analyzed the characteristics of geographical indication of our country, this model establishment has important value.The fourth part mainly introduces geographical indication protection in China at present situation and the existence of abuse and cause these drawbacks a concrete analysis. Is mainly for our country's existing geographical indication protection system of the problems in paper, specific include the following respects: the first, the problems existing in the trademark law system. Second, department regulations problems. Third, existing problems in practice.. Through analysis of these problems, causing the major reason for this is the following: first, the current legislation imperfect. Second, double protection mode in practice there exist many inconvenience. Third, governments, enterprises and social coordination protection deficient. Fourth, geographic indication of social value is not enough attention. Based on the present situation of geographical indication protection, the disadvantages and cause these drawbacks, analysis of the causes for the fifth part of the groundwork discusses. The fifth part is the key part of this paper, but also reflect the innovation of this paper place parts. The author in part of geographical indication and the analysis of existing problems, and put forward the following Suggestions: in domestic level, be the first to solve the conflict of geographical indication with trademark problems, and in improving the geography symbol product protection sets "the legal status, on the basis of its thinning, making it a geographical indication protection of geographical indication ZhuanMenFa, other protection laws in the protection of geographical indication products on the basis of the implementation of the revised to cooperate with the method. Meanwhile to the distinctive geographic indication products give special decree formulation. At the international level, in order to strengthen the international negotiations and international trade treaties, with hardness on international backdrop of geographical indication protection system. Meanwhile, at all levels shall strengthen the geography symbol product value degree, through legislation, enforcement, judicial, supervision and publicity of geographical indication protection to achieve value degree.In this paper the outstanding characteristic and innovation in the main reflects in: for protection of geographical indication, its not just is the legal problems, but also public policy issues, in the past, the book is mainly from the legislation, the paper put forward countermeasures to improve not only through legislation but also public policy measures for perfecting the proposes of geographical indication protection.