| "Expanded protection" is a hot topic in the international protection of geographical indications.It originated from the dual protection pattern in the TRIPS Agreement,involving some traditional knowledge products such as traditional handicrafts,traditional agricultural products,and traditional medicine.Traditional knowledge products,as traditional knowledge derived products,rely on traditional knowledge to form necessary connections with specific regions.This necessary connection due to humanistic elements makes traditional knowledge products naturally fit the geographical indication system.Facing the weak international legal protection of geographical indications and the dilemma of ineffective protection due to the different domestic protection models and levels of various countries,there is a lot of controversy whether it can be used to protect traditional knowledge products.Can traditional knowledge products be protected by geographical indications? What level of protection provided by the international community can be more equitable and effective? Can all kinds of derivative products based on traditional knowledge be protected by geographical indications based on the same protection logic? The research on the international protection of geographical indications of traditional knowledge products has cultural and economic significance.The former aims to more effectively inherit and develop traditional culture,and prevent the frequent looting and transnational misappropriation of traditional knowledge as much as possible.The latter is that it can take this opportunity to gain market access and then occupy market share to obtain huge trade benefits.The ambiguity of the international protection of geographical indications of traditional knowledge products is manifested in the inconsistency of the scope and level of protection in international agreements and the uncertainty of the effectiveness.The injustice behind the double protection of the TRIPS Agreement is that the scope of protection of the Lisbon Agreement is limited.Some FTAs exclude handicrafts from the protection of geographical indications,resulting in a limited scope of protection.Traditional knowledge products may face the possibility of obtaining protection of geographical indications.Traditional knowledge products may not only face the difficulties of obtaining protection of geographical indications,but also encounter discriminatory provisions of some international agreements.The dual protection of the TRIPS Agreement is the result of the international trade game,and the current international protection pattern of geographical indications is synchronized with the international trade pattern.Countries rich in traditional resources have joined the crusade against double protection,and have also cooperated with the European Union to improve the protection of geographical indications of their traditional knowledge products in the form of FTA.Effective protection of geographical indications should be based on the legitimacy of protection.Theories and practices,as well as the texts of international agreements,indicate that traditional knowledge products can be protected by the geographical indication system.This is the prerequisite and basis for including them in the discussion of expanded protection.The industry and trade interests of the traditional knowledge products urge endogenous power to push countries toward a high-level protection of geographical indications.High-level protection is characterized by non-confusion range protection,which can reduce the burden of proof and the cost of rights protection for the right owner,and increase market access opportunities for products to obtain trade benefits.Traditional knowledge products can form a necessary connection with specific regions because of the traditional knowledge they contain.It is justified to obtain the protection of geographical indications.Moreover,traditional handicrafts should not be subject to category disputes and be questioned whether they can be included in the scope of protection of geographical indications.It is the future development trend for traditional knowledge products to obtain high-level protection of geographical indications internationally,and their international trade interests can be used as an important force to promote the reconstruction of the international geographical indication protection system.Countries rich in traditional resources can also benefit from this.While escorting the inheritance and development of traditional knowledge,they can also obtain huge international trade benefits.Traditional handicrafts and Chinese authentic medicinal materials can also seek domestic and international high-level protection of geographical indications through domestic system upgrades and bilateral or multilateral agreements signed. |
