Research On The Identification Rules For The Generalization Of Geographical Indications

Generalization is one of the most important factors to determine if the geographical indications can be registered or protected.China has always lacked a clear understanding of the identification of "when geographical indications become common names".Therefore,the Guidelines for the Determination of Common Names in the Protection of Geographical Indications issued by the China National Intellectual Property Administration in 2020 has not been updated so far,and China has lacked independent and clear rules for the identification of geographical indications up to date.After pointing out that China’s geographical indications are currently in a decentralized management system and the rules for the identification of generalization are not clear,the paper analyzes the typical cases at home and abroad,such as "Longjing Tea" and "Champagne",with the help of the theory of geographical indications relevance and semiotics,and believes that China should adopt the identification strategy of different jurisdictions.That is,we should not identify the geographical indications that have been protected under the special law.And for geographical indications registered under the Trademark Law,subjective relevance is the core standard for recognition and generalization.Finally,based on the practical needs of strengthening the protection of geographical indications in our country,the paper proposes to make rules for the mutual conversion of geographical indications and common names,namely the "reverse generalization rules" for geographical indications,in order to match China’s future development needs.