The Reconstruction Of The Geographical Indication Protection System

In recent years,China pays more and more attention to the protection and application of geographical indications,the number of geographical indications and the scale of industry is expanding.There are three different protection modes of geographical indications in our country at this stage,because of the multiple political affairs and lack of coordination with each other,resulting in the practice of geographical indication protection management confusion,overlapping protection,rights conflict and so on.In 2018,the state will adjust some functions of the administrative department of geographical indications,which will make an important laying the way for the reconstruction of the legal protection system of geographical indications in China.The current Civil Code also explicitly takes geographical indications as the object of independent intellectual property rights,and protects them side by side with trademarks,inventions,works,etc.,providing a legal basis for the special legislation on geographical indications.Based on the above background,this paper analyzes the constraints of china’s current legal system of geographical indications on the protection of geographical indications,expounds the necessity and feasibility of formulating a unified special law on the protection of geographical indications,and puts forward concrete ideas on this basis.The paper is divided into five parts.The first part mainly discusses the basic legal issues of geographical indications and the right to geographical indications.Starting with the origin and characteristics of the concept of geographical indications,the difference between geographical indications and other related marks is analyzed.On this basis,the concept of "geographical indication right" is derived,the connotation of the right of geographical indication is clarified,its right allocation and right attribute are clarified,and the theoretical support is provided for reconstructing the system of geographical indication protection in China.The second part reviews the current system of geographical indication protection in China.By combing through the specific contents of China’s current geographical indication protection system,reflecting on the shortcomings of China’s multi-protection model,the concept of geographical indications is not unified,management overlap,weak protection and other issues,hindering the rapid development of geographical indications.The third part compares the protection mode of extraterritorial geographical indications.Select three kinds of protection models that are more typical of extraterritorial,compare the special law protection model represented by France,the trademark law protection model represented by the United States and the anti-unfair competition law protection mode represented by Japan,analyze the characteristics and causes of different protection modes,and provide reference for the choice of subsequent geographical indication legislation in China.The fourth part analyzes the proper choice of China’s geographical indication legislation.This paper discusses the necessity and feasibility of the special legislation on geographical indications,analyzes the model of trademark law of geographical indications,the protection mode of anti-unfair competition law and the deficiency of the model of mixed protection of trademark law and special law,and expounds the necessity of selecting the special law of geographical indications in China.Based on the objective status quo of China’s geographical indication resources,combined with specific national conditions and industrial policies,the feasibility of using special methods to protect China is demonstrated.The fifth part puts forward the legislative idea of constructing the unified special law of geographical indications in our country.First of all,we should clarify the purpose and principle of the special legislation on geographical indications: The protection of geographical indications in China should combine strict control over product quality with improving the level of protection.The principle of good faith and the principle of protecting the public interest should be followed in the process of applying for registration and use of geographical indications and supervision.On this basis,the legislative framework and main contents of the Law on the Protection of Geographical Indications are put forward.