| Geographical Indication is independent because it is permanent, nontransfertable and collective. This article takes the geographic Indication of “ Jin Hua Ham” as the research object. The author paid field visits to try to have a good understanding of geographical factors and history factors of “Jin Hua Ham”geographical indication to prove the legitimacy of the geographical indication as an independent natural right, collecting cases of “Jin Hua Ham trademark disputes”which has continued 20 years, seeking the whole story of the conflict between the“Jin Hua Ham” geographic indication and “Jin Hua Ham” trademark and the solution,exploring the potential problems in the process of building our own legal protection system of geographic indication. Through a comparative study of different protected modes such as the special law protected mode in France, the trademark law protected mode in America, and the Anti-Unfair Competition law protected mode in German and Japan, the author is trying to analyze the respective interests of each mode and put forward a suggestion our country should build a legal protection system of geographic indication which is led by special law protected mode, complemented by trademark law protected mode as active protection and Anti-Unfair Competition law protected mode as passive protection. |
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