Study On The System Of Geographical Indications Cancellation

The great economic value of geographical indications is gradually recognized by the international market,which plays a more and more important role in promoting the regional economic development and enhancing the market influence.However,with the passage of time,some geographical indications may lose their original characteristics and value,and may even mislead consumers,which is not only detrimental to the long-term economic development of our country,it will also bring incalculable loss to the brand of geographical indication.As an important part of the right relief in the legal protection of geographical indications,the revocation system of geographical indications plays an important role in protecting the interests of the stakeholders of geographical indications and the public interests of society,to achieve the balance of interests of geographical indications.At present,our country has not established the revocation system of geographical indications,which makes the legal protection system of geographical indications incomplete,then by using for reference the more mature experience of foreign countries and international organizations,the author puts forward the idea of constructing the revocation system of geographical indications in our country.Based on the current situation that our country is working out the special law of geographical indications,this paper studies the rescission system of geographical indications under the framework of special law protection.This paper is divided into four parts except the introduction and conclusion.The first part is the theoretical basis of the rescission system of geographical indications,which is deeply analyzed from three aspects: the theory of interest balance,the orientation of functional value and the connotation of system design,the second part is the consideration factor of the rescission system of geographical indications,which is located in the core content of the rescission system,to analyze the subject of revocation,the cause of revocation and the procedure of revocation,the subject of revocation includes revocation according to application and voluntary revocation according to authority,the reasons of revocation mainly discuss the quality requirement of geographical indication and its market usage,and the revocation procedure is mainly to analyze the revocation review and relief,select the EU,India of the“Old World” camp and the United States and Japan of the“New World” camp to summarize and analyze the repeal system legislation of these four countries or international organizations,the fourth part is about the construction of the revocation system of geographical indications in our country,from the macro-level positioning to the abolition of the system’s objectives: first,to play the original geographical indications identification function to prevent being generalized;second,to achieve geographical indications interests balance,to protect the interests of consumers,then from the specific system design level grasps constructs the geographical indication revocation system the main content,namely the clear revocation subject,the determination revocation reason,the enhancement revocation review and the relief,finally,the author puts forward to perfect the management and supervision mechanism of the rescission system of geographical indications,so as to form a systematic rescission system.