| Geographical Indications (GIs) as a distinct intellectual property in the TRIPS Agreement, protecting GIs is the obligation of members of WTO. GIs originated in France, it is followed by other European countries and gradually extended in the world. Many international treaties concerning protection of GIs, Since GIs was included in the TRIPS Agreement, GIs become one of the most popular topics in WTO. There are two opposing camps between the European Union (EU) and the United States (US) on how to establish legal mechanism for protecting GIs and whether to expand the scope of protection of GI products.The EU's GIs legal system for agricultural products is not only typical on special law in protection of GIs, but also the level of protection GIs is highest in the world. The reason for EU protection of GIs is that generate a number of economic interests. There are more than a hundred years for protection of GIs in Europe, its well-established legal system of GIs is taken example by other countries. Because China's GIs legal system learn from different countries and formed the coexistence between trademark law and special law model, this protection mechanism in reality caused many problems which need to improve. This paper based on the legal protection of EU GIs for agricultural products are analyzed and discussed, hope that provide some enlightenment for Chins's GIs legislation. This paper includes four parts beside introduction and conclusion. The first part is history about legal protection in EU's GIs for agricultural products, the history is divided into two periods by the TRIPS Agreement. The content of this part mainly on the EU's law of GIs for agricultural products and the reason changed. First of all, show that the EC Regulation 2081/92 in pre-TRIPS era, then introduce Regulation 510/2006 in post-TRIPS era and the evolution from Regulation 2081/92 to Regulation 510/2006. In addition, the EU signed free trade agreement with third countries to achieve EU's extra-territorial protection of GIs and the EU's position on the protection of GIs in the WTO negotiations are introduced. The second part is EU's legal system of protecting GIs for agricultural products. This part started from the EU Regulations 510/2006, it focus on legislative objective, the scope of protection, registration and withdrawal procedures and the relationship between GIs and trademark. The third part is EU's legal system of analysis GIs for agricultural products. In this section, the main evaluation of EU's GIs related to legislative mode, protection level, contents of the legislation, policies objectives and the experience from the EU on protection of GIs for agricultural products to China. The fourth part is Chin's legal protection of GIs for agricultural products improved. This part introduced and analysed China's existing protection of GIs and problems of law model, In the end, according to the experience from EU's GIs for agricultural products, then got some usefully Legal measures to China. |
PDF Full Text Request