Research And Reference From The Development Of Champagne Sorbet Case For The Protection Of Geographical Indications In The European Union

As the representative of the special law protection of GIs,EU has established a perfect protection system of GIs,and continues to improve along with the practice.While the Champagner Sorbet,is the latest case about GIs in the EU.According to this preliminary ruling of the ECJ in respect of the regulations in question,it developed new type of infringement and expanded the scope of protection of GIs in the EU on one hand,on the other hand,it instructed the third party who is not the owner of the protected name to use the name legally to avoid infringement,which can be described as a win-win situation between the protected name holders and third parties,and an exception to the strong protection of GIs in the EU.At present,the China-EU Geographical Indications Cooperation Project is under way,and based on the "Wuliangye Black Chocolate" ice cream,"Feitian Moutai" ice cream,which is similar to the Champagner Sorbet in China,the Champagner Sorbet case and the development of the GIs in EU in the judgment of the case has certain inspiration,so the author put forward my own thinking to improve the protection of GIs in China—firstly,we should draw lessons from the unified legislation of GIs protection in the EU,formulate a specialized law,Geographical Indication Act;secondly,filling in the legislative gap and bringing this new type of infringement into the scope of protection;finally,based on the guidelines in the European Commission on the use of protected names as part of other product names,it provides a reference for guiding the fair use of GIs by third parties.