| Geographical indications bear national history,culture and huge economic value,of which significance is self-evident.China's special geographical environment and long historical civilization creates rich geographical indication resources.However,China starts late on the protection of geographical indication rights,along with deficiency of practical experience and relevant legal protection systems for geographical indications.18 th CPC National Congress put forward the development concept of agricultural modernization and stressed geographical indications played an important role in promoting rural economic efficiency,solving “Three Rural Issues”,and propelling regional economic development.Under this background,the paper studies protection systems for geographical indication rights by referring to protection modes of national geographical indications rights in France,the United States,etc,with the purpose of integrating legislative resources and reconstructing protection systems for geographical indication rights in China.Besides introduction and conclusion,the paper is consisted of four chapters.Chapter one systematically introduces basic theory of geographical indication rights and clarifies concepts of geographical indications and geographical indication rights.By demonstration of interrelationship,as a core factor in geographical indication rights,in combination with analysis of identification criterion between subjective and objective interrelationship factors which are two main identification criterion for geographical indication rights at present,the paper explores legal attributes of geographical indication rights and sets forth the nature and attribution from the perspective of collectivity concerning subject of geographical indication rights.Chapter two mainly discusses protective range of geographical indication rights by means of categorized trial for products with geographical indications,including three manifestation forms of conflicts between geographical indication rights and trademark rights,along with basic principles that should be conformed to solve right conflicts.It introduces generic name systems that are exceptions beyond the protective range of geographical indication rights.From the viewpoint of comparative law,the paper illustrates generic name systems existing in current geographical indication rights in France and the United States,which is expected to be conductive to legal protection of geographical indication rights in China.In the third chapter,two typical protection modes of geographical indicationrights in France and the United States are presented from a comparative law perspective.The paper details legal protection modes of geographical indication rights under French special legislation,legal protection modes of geographical indication rights for certification marks and collective marks under American Trademark Act,French Terroir philosophy,monitored AOC system,“Lanham Act” of USA in 1946,regulations on wine and spirit by American Bureau of Alcohol,Tobacco,Firearms(hereinafter referred to as BATF),as well as state Trademark Act as a common law and anti-unfair competition law in USA that focus on protection of geographical indication rights.By comparison with two typical protection modes of geographical indication rights,it is concluded that identification criterion differ between subjective and objective interrelationship factors In the fourth chapter,based on comparison with two typical protection modes of geographical indication rights in France and USA and proceeding with China's national conditions,legal protection problems related to geographical indication rights are found out so as to further come up with reconstitution of China's legal protection systems for geographical indication rights on the principle of benefit maximization.A legal protection mode is proposed by coexistence of “Trademark Act” and “Geographical Indication Protection Law” that are oriented by “Geographical Indication Protection Law” and supported by“Trademark Act”. |
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