Study Of Legal Protection Of Geographical Indications

Geographical indication is a principal established by agreement about intellectualproperty,namely, Agreement of Geographical Indication about Trademark.It is independentintellectual property.And it is different from patent,trademark right and copyright.Thisagreement provide responsibility of member about geographical indication.Geographical indication is the symbol of origin of specific product.It indicate the thingthat specific product is come from specific district.And,at the same time,it represent specificquality.Because the owner of right of geographical indication are producer of thisdistrict.They can use geographical indication if they correspond the standard onmanufacturing technique,quality of products and so on.So,the user of geographical indicationis far-ranging.But with the development of the legal system of geographical indication,benefit ofconsumer and producers which exist in other area is appear.Wo should care conflict of interestamong them.This article with a viewing angle of balance of interest,analyses source of theconflict between privacy and sociality of geographical indication;and at this basis,explores aneffective path about legal protect on geographical indication.This paper includes four parts:The first part,the meaning and feature of geographicalindication.Through analyze and comb the evolution of Indication of Source,appellation oforigin,geographical indication,compare related concept that other countries use now,and havea clear understanding with geographical indication.Then,I analyze the unique feature of geographical indication that intellectual property systemown,in order to grasp its essence.The second part expound source of these conflict which conflict between privacy andsociality of geographical indication.We can understand that privacy and sociality from thelabor theory of property,the theory of public goods and externalities. According to the labortheory of property,geographical indication as intellectual property is privacy;but at the same time,it is sociality as a ordinary name.In a view of the theory of public goods andexternalities,because geographical indication is also a public good,so it also has sociality.Theprivacy of geographical indication is belong to private right;the sociality is belong to publicright.They are conflict.The third part,in the view of subject,I analyze interest conflict of relevant principals ofgeographical indication The conflict is among the producers in the region,the producers outof the region and consumers.The fourth part,the legislation model to balance the interest conflict of geographicalindication.Through interpret legislation model of other countries,I analyze the effect,advantages and disadvantages among different legislation models. Then,I draw the legislationmodels that Combine with the Trademark Act and Anti-Unfair Competition Law.The fifth part aims to explore the problem and provide the measures in protectinggeographical indication.At present,there are many rules,but the substance of these rules areconflict.So the protect is in shortage.And in practice,there are many chaos.So, our countryshould combine Trademark Act with Anti-Unfair Competition Law,to perfect related legalsystem and to prevent geographical indication.