Research On The Issue Of Geographical Indications Geographical Overlap

GIS as a new kind of intellectual property rights, has distinct regionalcharacteristics. To determine the scope of the GI directly determines the subject of rights,and also closely related to the geographical coverage of economic development. China’scurrent system of protection of geographical indications is still not perfect, one of itsdrawbacks is geographical overlap problem. Geographical indications regional overlapmainly displays in: the application and approval of the regional overlap, the use ofregional fuzzy. Geographical indications regional overlap will result in a waste ofresources, geographical indications rights confusion, reducing the value of brands,exclusive loss and conflict of interest problems, and therefore must be avoided in theapplication and approval. Geographical indications regional overlap caused by manyreasons, the first one is the trade association system construction is not perfect, did notplay its due role in applying for and obtaining the right; the second is between tworegions of different size caused by the economic interests of the game; the last is theadministrative management of our country of geographical indications of confusion,authority is not clear also, keep the space for this problem. To solve this problem has toexplicitly prohibited in the legislation, administration of examination and approval of thesame department, so that the government, preventing cheating to; on the other hand, hassuch a problem area, establish the mechanism of sharing benefits, properly coordinate therelationship between the two parts.