Study On The Geographical Indications Protection Of China In The Background Of TRIPs And TPP

Geographical Indications,as an intellectual property,which gradually become the object under the protection of national laws and international treaties,all members must comply with the minimum standards for the protection of geographical indications.The regional trade agreement,which is most valued by all countries,is the Trans-Pacific Partnership Agreement(TPP),which is dominated by the Pacific Rim countries,which was negotiated by 2015.TPP represents the new trend of international protection of geographical indications.The study of TRIPs and TPP helps to grasp the latest legislative trends and trends of international intellectual property rights.In this paper,through literature analysis,comparative analysis,case analysis,and other research methods,explore the basic theory of the protection of geographical indications,thestatus quo protection and the gap between the agreement and countermeasures.The full text is divided into three chapters,the main contents are as follows:The first chapter is about the relevant provisions on the protection of geographical indications in TRIPs and the contribution of the TRIPS to the protection of geographical indications since the implementation of the TRIPS and the problems and disputes arising in the course of implementation.In view of the problems,how to improve the international protection of geographical indications specific recommendations.Such as clarifying the public's standard of judgment on the translation of the logo,some of the concepts specified in the geographical indication should be interpreted in a unified manner,clearly defined by the way to protect the same name between the geographical indications and the rights and interests of geographical indications,should not "mislead the public "As a necessary condition for infringement litigation,and actively promote the notification of wine geographical indications and registration.The second chapter choose France which has a long history of protection for regional products and the United States whose Geographical Indications are scarce,and India,which is the developing countries like our country,to analyze the legal systems for the protection of geographical indications in various countries.Then the paper expounds the gap between the relevant provisions of the protection of geographical indications and the TRIPs,the protection of wine spirits and the use of goodwill provisions of the different,while the scope of geographical indications should be extended to the service of China's current geographical indications to protect the status of government,you can let the three departments perform their duties.The judicial protection of geographical indications should specify the remedies when the trademark and the registered geographical indications are in conflict.The third chapter is about the analysis of TPP in the latest development of geographical indications protection,and analyze how China should respond to opportunities and challenges that TPP bring to us.And then discusses the issue of the protection of geographical indications and international standards,and puts forward the countermeasures and suggestions for the protection of geographical indications in China.For example,it is not necessary to distinguish and protect geographical indications,to expand the protection,to improve the registration of geographical indications.It is also necessary to regulate the quality of geographical indication products and standardization.The' registration of geographical indications products should not distinguish between the administrative regions,improve the Trademark Law and strengthen the special legislation,speed up the establishment of bilateral geographical indications notice and registration system,and strengthen the transparency of the disclosure of geographical indications.