Research On Legal Protection Of Geographical Indications In Australia

In recent years,China has completed the reform of geographical indications management institutions,unified GEOGRAPHICAL INDICATION OF P.R.CHINA,unified electronic acceptance platform and so on,which has accelerated the pace of geographical indications protection.However,due to the short operation time of the system and local adaptation,there are still many problems in the protection of geographical indications in China,and the development of the system is slow.Under the background of institutional integration and strengthening intellectual property protection,how to perfect the geographical indications system,from which aspects to break through the bottleneck of development,and how to better deal with international changes need to be considered.As an important trade partner,Australia is in the same position as China,with similar protection beginnings,similar protection times,similar institutional frameworks,and all facing exchanges and cooperation with European and American countries in the protection of geographical indications.Australia's geographical indication protection system,however,is growing fast and working well,especially in the wine industry.Therefore,it is feasible and necessary to investigate the development advantages of its geographical indications system,which will enlighten the influencing factors of China's geographical indications system construction,the key points of system operation and the international response.In addition to the introduction and conclusion,the text has a total of four parts.The first part combs the historical context of Australian geographical indications protection.In the process of the development of GIs system in Australia,the negotiation with the European Union and the United States has important influence.Through reading the important jurisprudence and legal negotiation,this paper analyzes and summarizes the characteristics of Protection of geographical indications in different historical stages,grasps theinfluencing factors of the establishment of its geographical indication system and the attitude of international negotiation.The second part introduces the protection of Australian geographical indication domestic law.The geographical indications of all products are mainly protected by Certification Trade Mark,while wine is protected by Sui Generis System.Other laws improve the framework within which geographical indications are protected,including Australia New Zealand Food Standards Code,Food Standards Australia New Zealand Act 1991(Cth)and the Australian Consumer Act;in some cases,Passing off provisions in common law provide some protection for geographical indications.And on this basis,the advantages and characteristics of the system are summarized.The third part introduces the international protection of Australian geographical indications.The relevant provisions on the protection of geographical indications in Australia's bilateral and regional agreements were elaborated,the focus and trends of the negotiations on geographical indications under international agreements were noted,and Australia's response to the development of the wine industry and the protection of the food industry in the context of the integration of the old and the new world and the international environment was discussed.The fourth part settled down to the perfection of China's geographical indications system.Through expounding the problems existing in the protection of geographical indications in our country,drawing lessons from the enlightenment experience of Australia,this paper puts forward some suggestions for improving the legislation of GIs,the application and enforcement of geographical indications and the international response.First of all,Sui Generis System and Trademark laws are still being introduced to protect the model,supplemented by the provisions on the protection of trademarks;secondly,emphasis is placed on the operation of the system of geographical indications,excavation of brand value,protection of high-quality characteristic products,re-use and severe crackdown;finally,under the trend of economic integration and increasingly frequent exchangesat home and abroad,the protection of geographical indications is comprehensively and refined into bilateral or multilateral agreements to conform to international trends and actively respond to foreign disputes over geographical indications.