Research on Legal Protection of Geographical Indications
Abstract
With the development of the times, geographical indications have more and more influence on a country’s economy and culture. As a big country of geographical indication resources, China should make use of the benefits of geographical indications to promote economic and cultural development. However, due to the mixed legislative mode of Trademark Act, which includes TrademarkAct,Regulations on the protection of geographical indications andAdministrative measuresfor geographical indications of agricultural products, there are conflicts and confusion in the legal provisions, which is not conducive to the development of geographical indications in China. This paper discusses the protection mode of geographical indications in European Union, the United States and other countries, analyzes the advantages and disadvantages of special law protection, Trademark Act protection and anti-unfair competition law protection mode, and puts forward suggestions that China should adopt special law protection to make better use of China’s rich geographical indication resources in the way of strong protection.References
Zheng Chengsi. From WTO entry and intellectual property protection to modernization of civil and commercial law, collected works on World Trade Organization Law, contemporary China Press, 2002 edition, P. 278.
Wang Qian. A course of intellectual property law (Sixth Edition), China Renmin University Press, 2019 edition, page 443.
Wang Xiaobing. Two major institutional models and international development of foreign geographical indication protection, published in China trademark, issue 08, 2018, page 48.
Chen Hongchao, Li Jian, Qi Hongli. On the performance, causes and Countermeasures of the conflict between geographical indication right and trademark right, published in value engineering, 2014, No. 23, page 297.
Zhang Yafeng. Experience and Enlightenment of Italian geographical indications in promoting rural revitalization, published in China soft science, No. 12, 2019, P. 56.
Zhang Xiayu. Research on international legal protection of geographical indications, graduation thesis of graduate students of Law School of Tianjin University in 2018.
Wang He. On the protection effect of Anti Unfair Competition Law on geographical indications, Journal of Gansu University of political science and law, 2005, 01, P. 97.
Wang Xiaoyan. On the protection mode of geographical indications in China, published in intellectual property, issue 11, 2019, page 65.
Authors contributing to this journal agree to publish their articles under the Creative Commons Attribution-Noncommercial 4.0 International License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, that the work is not used for commercial purposes, and that in the event of reuse or distribution, the terms of this license are made clear. With this license, the authors hold the copyright without restrictions and are allowed to retain publishing rights without restrictions as long as this journal is the original publisher of the articles.
