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Paragraph 1 of Article 22 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization stipulates: "The geographical indications of this Agreement refer to the following signs: they indicate that a commodity originated in the region of a member, or originated in a certain region or place in the region, and the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical origin." Article 16 of China's new Trademark Law, which came into effect on February, 2000 1 year, stipulates: "Geographical indications refer to the signs that goods originate from a certain region, and their specific quality, reputation or other characteristics are mainly determined by natural factors or human factors in the region".
Geographical indications generally consist of geographical names and product names, such as Beijing Roast Duck, Lipu Taro, Jingdezhen Porcelain, Turpan Grape, Yangcheng Lake Hairy Crab, Changli Wine, etc., which are all geographical indications with regional characteristics. These high-quality products are well-known not only in China, but also overseas.
Commodities marked with geographical indications in commodity trade circulation. It can not only mark the source of a commodity, but more importantly, it also marks the constant quality, reputation, characteristics and style of this commodity.
We should be soberly aware that geographical indications are an important intangible asset with property rights. Geographical indications, as a kind of natural and human resources, are formed by history and are scarce and non-renewable. The intellectual property attribute of geographical indications is its essential attribute. Therefore, geographical indication is not only a sign of commodity origin, but also a sign of commodity quality, and it is also an intellectual property right.
The protection of geographical indications is one of the important contents of WTO intellectual property agreement. The WTO Agreement on Trade-related Aspects of Intellectual Property Rights clearly points out that geographical indications, trademarks, patents and copyrights are all important components of intellectual property rights. Moreover, the legal nature of permanent protection of geographical indications is different from other intellectual property rights. Other intellectual property rights, such as patents, trademarks, copyrights, etc., have a time limit, and the obligee enjoys exclusive rights during the protection period given by law. However, after the protection period, intellectual achievements will enter the public domain and become the common wealth of mankind, and anyone can use them for free. On the other hand, geographical indications have no time limit.
Yiyi
The Agreement on Trade-related Aspects of Intellectual Property Rights is one of the important agreements of the WTO, and it is our obligation to protect the intellectual property rights of all WTO members. In order to keep consistent with this agreement, China has amended the Trademark Law to put the protection of products with geographical indications of origin into the legal track. This is a new measure taken by the China government to strengthen the protection of products of origin, and it is also a concrete manifestation of China's active participation in global economic integration.
Geographical indications are an important intellectual property right. As an intangible asset, it has great commercial development value. On August 10, 2004, Wu Yi, then Vice Premier of the State Council, put forward in the Report on Opinions on Promoting Farmers' Income by Using Trademarks and Geographical Indications of Agricultural Products that "it is a good way to promote farmers' income by using trademarks and geographical indications" and demanded that it be seriously implemented. Therefore, it is of great significance and beneficial work to publicize the importance of intellectual property protection in the development of national economy and popularize and improve the intellectual property awareness of the whole people.
First of all, strengthening the protection of geographical indication products can not only make use of many famous products that have been formed in China, but also build our own world brands. It can also break through the trade barriers built by the world's economic powers through a series of measures such as technical standards, patented technology, environmental protection standards and anti-dumping, so as to improve the international competitiveness of China's geographical indication products, especially agricultural products.
Secondly, the use and protection of geographical indications not only inject vitality into the local economy, but also bring core competitiveness and unlimited business opportunities to the manufacturers of regional brand products. such as
After the application and use of geographical indications, the added value of Turpan grapes, Lipu taro and Changli wine in Hebei Province has been greatly improved. Statistics from the State Administration for Industry and Commerce show that the purchase prices of agricultural products registered and protected by geographical indications have generally increased.
Thirdly, strengthening the protection of geographical indication products will standardize and guarantee the production and sales order of geographical indication products. This will not only help China's trade and investment get fair treatment, but also help prevent some foreign speculators from maliciously robbing or counterfeiting China's famous brands and protect China's legitimate economic interests. But also help to crack down on some domestic enterprises' illegal acts of counterfeiting geographical indication products and shoddy products. It can be said that the protection of geographical indications is actually a kind of supervision and control over the production process, product quality and market sales of geographical indication products.
Fourth, to carry out geographical indication protection, scattered farmers and small enterprises can be linked through geographical indication protection, and they can be linked with the market through leading enterprises, so that they can have more opportunities to share the market benefits of the production and sales of geographical indication products. This is of great practical significance for promoting rural economic development and increasing farmers' income.
Sasuke
1.
Earnestly study and study the Agreement on Trade-related Intellectual Property Rights, learn from the beneficial experience of foreign countries in this respect, and establish a special organization for the protection of geographical indication products, which is directly responsible for the examination, registration, management and market supervision of the names of geographical indication products, so as to maximize the protection of the status of China's characteristic products in the WTO intellectual property agreement and enhance the competitiveness of China's geographical indication products in the international market.
2. Formulate the supervision and management system for geographical indication products. Geographical indication products should not only meet their geographical conditions, but also meet their traditional characteristics and quality requirements. Ensure the quality and reputation of geographical indication products, and make our local products sell well in domestic and foreign markets.
3.
Increase the publicity of geographical indication protection. Because the protection of geographical indications in China started late, some enterprises and consumers don't know much about the system. Our quality and technical supervision department should widely publicize the knowledge of geographical indications protection to the society through radio, television, newspapers, training courses, legal knowledge examinations and other forms, so that people can realize that the role of geographical indications protection is to protect intellectual property rights belonging to local people and directly benefit producers and consumers of products. Strengthening the protection of geographical indications can not only protect the brands of products with national characteristics in China, but also improve the competitiveness of these products in domestic and foreign markets, so that China can gain greater economic benefits in the global economic market.