论TRIPS协议下地理标志的保护
发布时间：2018-08-20 09:18
【摘要】：与贸易有关的知识产权协议(以下简称TRIPS协议)对地理标志(以下简称GIs)的定义是指识别货物原产自一成员方境内或其境内的一个地区或地方的标志,货物的特定质量、声誉或其他特性实质性地取决于其地理原产地。与商标、集体商标和证明商标不同,地理标志具有与地理因素紧密联系、与农业特殊联系、所有权人特殊、权利永续、本土化与国际化共存等特征,这使得地理标志权不同于一般的知识产权。正是因为地理标志具有这些与众不同的特征,使其具有指示功能、保证功能和升值功能,越来越受到各国的关注,在国际市场上也的价值也越来越高。 纵观地理标志保护的历史,从《巴黎公约》到《马德里协定》、《里斯本协定》,再到TRIPS协议,国际社会对地理标志的保护越来越重视,尽管各个协定、条约对地理标志的保护都或多或少的存在不完善的地方,但是我们却欣喜的看到关于地理标志概念、保护条款的磋商和谈判越来越多,各国都开始重视起地理标志的重要价值,对地理标志的保护已经冲破发达国家的范围,更多的发展中国家参与进来,在地理标志国际市场上争得一席之地。在众多条约、协定当中,TRIPS协定对地理标志的保护是具有里程碑意义的,TRIPS协议中保护地理标志的条款有很多,其中包括综合性保护条款、概念性保护条款、基础性保护条款以及例外条款,其中基础性保护条款又包括了一般保护条款、特别保护条款。这些条款从多方面、多角度对地理标志进行了保护,使得TRIPS协议成为目前保护地理标志的最有效工具。但是,由于文化传统、殖民历史、法律制度等原因,使得各国对地理标志的保护问题产生分歧,其中以法国和美国为代表国家。争议的主要问题包括是否应该扩大对地理标志的一般保护的问题、建立地理标志通告和注册制度的严格程度问题以及是否需要对地理标志淡化和通用化的问题进行严格限制的问题。 虽然存在着诸多问题,但是随着全球化时代的到来,TRIPS协议各成员国必将本着互利共赢的原则,在今后的谈判中进行进一步的磋商,力求达到利益的平衡。而面对经济全球化的趋势,我国作为地理标志的大国,也需要不断完善现有法律中对于地理标志保护的不当之处,力求适应TRIPS协议的要求,并且对地理标志的保护立法进行深入的研究,以期我国的地理标志能在国际贸易中焕发出更加夺目的光彩。
[Abstract]:The Agreement on Trade-Related aspects of intellectual property Rights (hereinafter referred to as the TRIPS Agreement) defines geographical indications (hereinafter referred to as GIs) as the identification of the origin of goods from the territory of a member Party or a region or place within its territory, and the specific quality of the goods, Reputation or other characteristics depend materially on their geographical origin. Unlike trademarks, collective trademarks and certification trademarks, geographical indications are closely related to geographical factors, special to agriculture, special to owners, permanent in rights, localization and internationalization, and so on. This makes the right of geographical indication different from the general intellectual property rights. It is precisely because geographical indications have these distinctive features that they have the functions of indication, assurance and appreciation, which have attracted more and more attention from all countries and become more and more valuable in the international market. Throughout the history of the protection of geographical indications, from the Paris Convention to the Madrid Agreement, the Lisbon Agreement, and to the TRIPS Agreement, the international community has paid more and more attention to the protection of geographical indications, despite the various agreements, The protection of geographical indications by the treaty is more or less imperfect, but we are glad to see that there are more and more consultations and negotiations on the concept of geographical indications, protection clauses, and countries are beginning to attach importance to the important value of geographical indications. The protection of geographical indications has broken beyond the scope of developed countries, more developing countries to participate in the geographical indications in the international market for a place. Among many treaties, the trips Agreement's protection of geographical indications is a landmark. There are many provisions for the protection of geographical indications in the trips Agreement, including comprehensive protection clauses and conceptual protection clauses. The basic protection clause and the exception clause include the general protection clause and the special protection clause. These clauses protect geographical indications from many aspects and angles, which makes TRIPS protocol become the most effective tool to protect geographical indications. However, due to cultural tradition, colonial history, legal system and other reasons, countries have different views on the protection of geographical indications, in which France and the United States are the representatives of the country. The main issues in the dispute include whether the general protection of geographical indications should be extended, The strict degree of establishing a geographical indication notification and registration system and the question of whether it is necessary to restrict the dilution and generalization of geographical indications or not. Although there are many problems, with the arrival of the era of globalization, the members of trips Agreement will, on the basis of the principle of mutual benefit and win-win situation, conduct further negotiations in future negotiations in order to achieve a balance of interests. In the face of the trend of economic globalization, China, as a large country with geographical indications, also needs to constantly improve the improper protection of geographical indications in existing laws in order to meet the requirements of the TRIPS Agreement. And the protection legislation of geographical indication is studied deeply, in the hope that the geographical indication of our country can shine more brilliantly in the international trade.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D997.1
本文编号：2193126
[Abstract]:The Agreement on Trade-Related aspects of intellectual property Rights (hereinafter referred to as the TRIPS Agreement) defines geographical indications (hereinafter referred to as GIs) as the identification of the origin of goods from the territory of a member Party or a region or place within its territory, and the specific quality of the goods, Reputation or other characteristics depend materially on their geographical origin. Unlike trademarks, collective trademarks and certification trademarks, geographical indications are closely related to geographical factors, special to agriculture, special to owners, permanent in rights, localization and internationalization, and so on. This makes the right of geographical indication different from the general intellectual property rights. It is precisely because geographical indications have these distinctive features that they have the functions of indication, assurance and appreciation, which have attracted more and more attention from all countries and become more and more valuable in the international market. Throughout the history of the protection of geographical indications, from the Paris Convention to the Madrid Agreement, the Lisbon Agreement, and to the TRIPS Agreement, the international community has paid more and more attention to the protection of geographical indications, despite the various agreements, The protection of geographical indications by the treaty is more or less imperfect, but we are glad to see that there are more and more consultations and negotiations on the concept of geographical indications, protection clauses, and countries are beginning to attach importance to the important value of geographical indications. The protection of geographical indications has broken beyond the scope of developed countries, more developing countries to participate in the geographical indications in the international market for a place. Among many treaties, the trips Agreement's protection of geographical indications is a landmark. There are many provisions for the protection of geographical indications in the trips Agreement, including comprehensive protection clauses and conceptual protection clauses. The basic protection clause and the exception clause include the general protection clause and the special protection clause. These clauses protect geographical indications from many aspects and angles, which makes TRIPS protocol become the most effective tool to protect geographical indications. However, due to cultural tradition, colonial history, legal system and other reasons, countries have different views on the protection of geographical indications, in which France and the United States are the representatives of the country. The main issues in the dispute include whether the general protection of geographical indications should be extended, The strict degree of establishing a geographical indication notification and registration system and the question of whether it is necessary to restrict the dilution and generalization of geographical indications or not. Although there are many problems, with the arrival of the era of globalization, the members of trips Agreement will, on the basis of the principle of mutual benefit and win-win situation, conduct further negotiations in future negotiations in order to achieve a balance of interests. In the face of the trend of economic globalization, China, as a large country with geographical indications, also needs to constantly improve the improper protection of geographical indications in existing laws in order to meet the requirements of the TRIPS Agreement. And the protection legislation of geographical indication is studied deeply, in the hope that the geographical indication of our country can shine more brilliantly in the international trade.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D997.1
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