Basic Proposal For The New Act Of The Lisbon Agreement And Improvement Of The Protection Of Geographical Indications In China

Geographical Indications is a sort of important intellectual property.The development and improvement of Geographical Indications is becoming more and more important with the advent of the global economy.Reviewing the development history of the geographical indications protection,from the indications of sources,appellations of origin to geographical indications,international community has successfully signed a series of multilateral agreements,and make the system of geographical indications more perfect.In may,2015,on the diplomatic meeting of World Intellectual Property Organization members,Basic Proposal for the New Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications(Basic Proposal)came into being after a positive discussion and revision of the member states.It marks that the international community has reached a new level on the protection of geographical indications.Since China joins WTO,Chinese economic development has been closely linked with the world economy.At present,our country's geographical indication protection system is still in the primary stage of development,.There are some defects and deficiencies.So it is urgent to improve it.This paper is discussed from the following four parts:The first chapter,summarizes the development history of the protection system of geographical indications.Paris Convention for the protection of industrial property included the indication of sources and the appellations of origin,which has laid the foundation for the protection of geographical indications.The Madrid Agreement had defined the indication of sources and stopped the supply of false or deceptive goods and expand the scope of protection from false goods to false and deceptive goods.Its protection level had exceeded the Paris Convention.Lisbon Agreement of Appellations of Origin and International Registration attempts to provide a practical protection system for the appellations of origin,but the conditions are too harsh to be achieved.The concept and system of geographical indications absorbed into the TRIPS agreement has marked the formal establishment of the protection system of geographical indications.The second chapter analyzes the current situation and existing problems of the protection system of geographical indications in our country.First of all,it introduces the trademark law protection system and the special law protection system of our country's geographical indication,to clarify the context of trademark law and special law on the protection of geographical indications.Then it takes the case of Enshi jade as an example to analyze the problems in the implementation process of the geographical indication protection system in China.The third chapter focuses on the development of Lisbon Agreement of the protection of the appellations of origin and geographical indications.I have mainly introduced the objects for protection and conditions,registration system of geographical indications and main rights.The fourth chapter,it puts forward some suggestions for the improvement of the protection system of geographical indications in China.First,we should select the appropriate protection mode.We should take a protection mode with the special law mainly and the trademark law complementally.Second,we should absorb better systems of Basic Proposal,and define the definition and authorities of the geographical indications.Then we need improve the specific content of the protection system of geographical indications,making the quality standard of geographical indication which fit with the international standard.