Research On National Brand Oriented Protection System Of Geographical Indications

This paper takes intellectual property protection system of geographicalindications as its topic. In the worldwide, it introduces the legislative mode ofgeographical indications, that is, the Special Law Protection Mode represented byFrance, the Trademark Law Protection Mode represented by the United States and theAnti-unfair Competition Law Protection Mode represented by Germany before1995.In China, it Summarizes “separation of the Three Powers” protection system ofgeographical indications, namely Trademark Law Protection Mode charged by theMinistry of Commerce and industry, the Special Law Protection Mode charged by theState Bureau of Quality Supervision, and Agricultural Geographical IndicationsProtection Mode charged by the Department of Agriculture. Combined with theexperience of foreign legislation and the situation of our country, this paper proposesthe reconstruction of the system of geographical indication protection. Compared withother academic papers on the protection of geographical indications, innovation pointof this paper is a different angle to conduct this research, namely to use the nationalbrand as the guidance to analyze the advantages and disadvantages of our currentgeographical indications system. This article is divided into four main parts to discussthe issue of protection of geographical indications.In the first part, the geographical indications are outlined through a briefdescription of the concept of geographical indications, description of the nature ofgeographical indications and the correlation analysis of the interactive relationshipbetween geographical indications and national brand. The second part of the articleintroduces the main mode of legislation of geographical indications in the worldwide,namely the Special Law Protection Mode, the Trademark Law Protection Mode and theAnti-unfair Competition Law Protection Mode. At the same time, the Canadiannational brand strategy is introduced in brief. The third part of the article introduces thenational brand as the guidance of intellectual property system, and mainly analyze whyChina’s geographical indications system should be reconstructed from the perspectiveof implementation of national brand industrial policy with the method of philosophy oflaw, and discusses mainly through two ways, namely from the labor theory of propertyand from the tools theory of intellectual property. In this paper, the main innovation points are in fourth parts. In the fourth part ofthe article, after discusses the justification of orientation of national brand, according tothe Chinese geographical indications protection legislation, we proposed the“separation of the Three Powers” protection of geographical indications situation view,and illustrate the “separation of the Three Powers and chaos” situation. At the sametime, we use the national brand as the guidance, demonstrate the reason of thereconstruction China’s geographical indications protection system, is not the so called“chaos”, but the “unconformity”, which does not meet the requirements of nationalbrand industrial policy for the integration of brand effect. Geographical indicationssystem with the national brand as the guidance, the core is the “Two-track System”Protection Mode, that is to say, geographical indications with potential to join theNational Brand Strategy will be protected under the Special Law Protection Mode,while other geographical indications are to be protected by trademark law. In addition,three basic problems about the “Two-track System”, namely the equity of the“Two-track System”, the legislative level and the competent authority will beillustrated in this paper.Limited to the purpose, this paper can only draw the outline of the geographicalindications system with the national brand as the guidance, but as the jurist RichardPosner said,“Law is not a subject that can provide for oneself”, the analysis of thephilosophy of law from beyond the law must also be meaningful.