| Our country have a short history on the protection of geographical indications(GIs).In 1980s, by adding Paris Convention the protection of GIs in our country has begun. Paris Convention regard the appellation of origin as an independent industrial property, provides that States Parties have an obligation to protect the appellations of origin. Signing of the TRIPS Agreement in 1994 allows protection of GIs upgraded to a new level-GIs became worldwide protected. It is also after the TRIPS Agreement, the protection of GIs attracts more and more people’s attention, many experts and scholars began to study the protection of GIs.The EU and America are typical of specialized law protection mode and trademark protection mode in the world. Compared with China, EU and America have a longer history and more experienced on the protection of GIs. While EU and America use different protection modes, but due to systems in line with their national conditions, so in practice the protection of GIs are achieve the desired protection goal. The history of Protection of GIs in our country is short, the current domestic GIs protection system also have many imperfections. By comparing the EU and America GIs protection system, this paper is try to find the "stone form other mountains" to think and to provide useful reference for improving the protection of geographical indications system in our country.Firstly, this paper study the legal system of the EU and the United States on the protection of GIs and then carefully compared them from the macro perspective and micro perspective, discovered their advantages and also disadvantages, and finally on the basis of analysis of the existing protection model, put forward suggestions for improving the system of protection GIs in our country. Specifically, the text of this article can be divided into the following five sections:The first part, through a series of international conventions on the protection of geographical indications, showing the meaning of GIs, and analyzes the relationship between GIs and other related concepts, points out the importance of the protection of geographical indications.The second part, analysis three regulations of EU on the protection of GIs, then give a detailed introduction on the scope of each of the regulations, the application subject, application procedures.Then give a comprehensive introduction on the "Lanham Act" of the United States in relation to the protection of geographical indications, and the regulations protect wines and spirits issued by TTB are also introduced.The third part, compared GIs protection system of EU and America mainly from the macro and micro perspectives. The first is macro comparative, comparison includes protected mode, the legislative purpose, protect history and cultural traditions. Next is micro comparative, including the scope of protection, the apply of the subject, product specifications and consumer acceptance.The fourth part, analyzes the status of China’s protection of geographical indications, including the protection of industrial and commercial bureau, the protection of quality inspection sectors and the protection of agricultural department. Then pointed out the problems of existing protected mode in practice,including right conflict, lack of quality control, enterprises lack of enthusiasm, industry associations system is imperfect, inadequate international protection.The fifth part, two questions before giving protection of GIs proposals should be considered, the relationship between the protection of geographical indications and agricultural development, and the relationship between government department and industry associations. On the basis of this, specific recommendations are given to improve the system of protection of geographical indications. Finally, point out the problem of "prisoner’s dilemma" exist in the process of geographical indications protection, and try to give a solution to this problem. |
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