Study on the Trend of Geographical Indication Protection in China

DOI: https://doi.org/10.62517/jel.202414204

Author(s)

Qianyin Gou

Affiliation(s)

Law School, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

China has rich resources of geographical indications and is a large country of geographical indications. China's protection of geographical indications started from the fulfillment of international conventions responsibilities and obligations, and it has formed a set of unique geographical indications protection system with the intersection of trademark protection and product quality protection. However, under this intersection system, the protection of geographical indications has been characterized by the problems of multi-pronged and confusing management. Against the background of the dual demands of international intellectual property competition and domestic intellectual property development, China should protect Geographical Indications properly. This paper studies the trend of geographical indications protection in China, lists the current situation and problems of geographical indications protection in China, and argues that the formulation of a special law on geographical indications is an inevitable part of the high-level protection of geographical indications. Realizing the synergistic protection of special legislation and trademark law, improving the system of geographical indications protection, and actively promoting the brand building of geographical indications are the trends of legal protection of geographical indications in China.

Keywords

Geographical Indications; Legal Protection; Trademark Law: Specialized Legislation; Regional Public Brands

References

[1] Zhang Weijun. A Brief Discussion on the Improvement of the Management System of Geographical Indications in China. China Market Supervision Research, 2020, (04):8-12. [2] Meng Xiangjuan, LI Xiaobo. Problems of geographical indication protection system and its solution. Intellectual Property Rights, 2014, (07):61-67. [3] Wang Xiaoyan. On the protection mode of geographical indications in China. Intellectual Property Rights, 2019, (11):59-68. [4] Zhang Yumin. The nature of geographical indications and the selection of protection modes. Journal of Law, 2007, (06):6-11. [5] Chen Xing. On the special legislative protection of geographical indications in China. Social Scientist, 2022,(03):130-137. [6] Sun Yuanzhao. On the International Protection, Controversy and Impact of Geographical Indications--An Introduction to the Agreement between China and Europe, China and the United States and Related Regions. Intellectual Property, 2022, (08):15-59. [7] Sun Zhi. Divergence of Paths and China's Choice in the New Development of International Protection of Geographical Indications. Intellectual Property Rights, 2019, (01):88-96. [8] Lin Xiuqin, Sun Zhi. Dilemma and way out of legal protection of geographical indications in China. Journal of Yunnan Normal University (Philosophy and Social Science Edition), 2020, 52(01):49-61. [9] Guan Yuying. Discussion on Difficult Issues in the Protection of Geographical Indications in China. Intellectual Property Rights, 2022, (04):3-17. [10] Chen Xing. On the Specialized Legislative Protection of Geographical Indications in China. Social Scientist, 2022, (03):130-137. [11] Sun Juan, Lai Biyu, Peng Hao, Yuan Zhichun, Liu Jinhua. Exploration on the Path of Protection and Utilization of Geographical Indications--Taking the Regulations on Geographical Indications of Guangdong Province as a Sample. China Market Supervision Research, 2023, (02):58-62.