论WTO知识产权协议中的地理标志以及我国的法律对策
发布时间：2018-07-16 10:22
【摘要】：WTO成立后，TRIPs协议明确将地理标志纳入了知识产权的保护范围，地理标志因而成了当今世界普遍较为关注的一项知识产权。随着我国加入WTO，经济日趋融入全球化的大潮，我们在履行WTO的义务时，同样应该积极把握WTO赋予我们的权利，充分利用知识产权保护下的地理标志这一长项，造福于国民社稷。然而，我国目前对地理标志保护现状非常令人堪忧。这种状况引起笔者研究该问题的浓厚兴趣，试图改变这种现状便成了笔者的研究的动力及目的所在。 本文首先介绍了地理标志的起源、概念、特征以及法律属性。所谓地理标志是指识别某一商品原产于某成员领域内、或该领域内的某一地区或地方，且该产品的特定质量、声誉或其他特征主要与该地理原产地相关联的标志。 接着在第二章将地理标志与一些相关问题进行了比较研究，如原产地规则、产地、商标以及商号，这样使我们对地理标志有了更进一步的认识。 在随后的两章里，本文回顾了一些国际公约以及主要国家对地理标志的规定，特别对TRIPs协议中的相关规定，并进行了详细的解读。 第五章从历史的角度对我国保护地理标志问题进行了回顾，对这一历史过程进行较为客观的描述，并将其划分为三个阶段。 第六章着重分析了现行的平行保护模式，即国家商标局通过商标法将地理标志注册为集体商标和证明商标的保护模式；以及国家质检局通过注册原产地域产品进行保护地理标志的模式，并进而指出这两种保护模式存在的不足与冲突。 作者在第七章中对我们应如何正确理解TRIPs协议的有关规定、地理标志乃我国知识产权中少有的长项之一、地理标志对我国重大经济意义以及如何借鉴外国的立法经验等问题进行深入的剖析并提出自己的观点。 最后，笔者对我国应当如何保护地理标志这一问题提出了相应的立法对策，即应当单独制定地理标志保护法，方能从根本上解决目前存在的许多棘手难题，对地理标志提供全面保护，并充分发挥地理标志这一知识产权的巨大经济价值。在具体步骤上提出了采取两步走的措施，即近期目标和长远目标。 本文针对这个较新的课题，首先采用历史研究的方法，进行纵向研究；同时又采用比较研究的方法对这一问题进行横向展开。此外，笔者又尝试着引入了实证的分析方法，通过对一些相关的数据的分析，从经济学的角度进一步研究这一问题，试图以 大量的事实向人们展示，地理标志这一巨大无形资产对我国地方经济以及企业效益的 重大经济意义。 本课题的实用价值在于:通过对该问题的深入研究，首先，可以让更多的地方政 府部门以及更多的企业重视地理标志这一无形知识产权的价值，唤醒人们的主动保护 意识;其次，能够更好的打击假冒伪劣产品的猖狂肆虐，净化市场环境，维护市场秩 序，保护生产者和消费者的合法权益;再次，为国家有关部门提供一些建议，，推动该 领域的相关立法以及行政工作。 本课题的理论意义在于:由于该课题既涉及到民商法的问题，又涉及到行政法的 问题;既涉及到国内法又涉及到外国法以及相关的国际公约的问题。所以，在某种程 度上，地理标志是一个较为边缘性的问题。因此，笔者认为，对该问题的研究为以后 类似边缘性问题的研究开了一条路径，具有一定的开拓意义，并为今后类似问题的研 究起到一种理论铺垫的作用。
[Abstract]:After the establishment of WTO, the TRIPs agreement explicitly incorporated the geographical indications into the scope of the protection of intellectual property. As a result, geographical indications became a universal intellectual property right in the world. As China joined the WTO, the economy became increasingly integrated into the tide of globalization, and when we fulfilled the obligations of WTO, we should also actively grasp the rights given to us by WTO, Taking full advantage of the long term of geographical indications under the protection of intellectual property, it benefits the national community. However, the present situation of the protection of geographical indications is very worrying in our country. This situation has aroused the strong interest of the author to study the problem, and it has become the motive and purpose of the author's research.
This article first introduces the origins, concepts, features and legal attributes of geographical indications. The so-called geographical indications refer to the identification of a product originating in a member domain, or in a certain area or place in the field, and the specific quality, reputation, or other characteristics of the product, which are mainly associated with the geographical origin.
Then the second chapter makes a comparative study of geographical indications and some related issues, such as rules of origin, origin, trademarks and trade names, so that we have a further understanding of geographical indications.
In the following two chapters, this article reviews the provisions of some international conventions and major countries on the geographical indications, especially the relevant provisions in the TRIPs agreement.
The fifth chapter reviews the problem of China's protection of geographical indications from the historical point of view, and makes a more objective description of this historical process and divides it into three stages.
The sixth chapter focuses on the analysis of the current parallel protection mode, that is, the national trademark office registers the geographical indications as the collective trademark and the proof trademark through the trademark law, and the pattern of the National Quality Inspection Bureau to protect the geographical indications by registering the local products, and then points out the shortcomings and conflicts of the two protection modes.
In the seventh chapter, the author is about how we should correctly understand the relevant provisions of the TRIPs agreement. The geographical indications are one of the few long terms in the intellectual property rights of our country. The geographical indications make a thorough analysis of the important economic significance of our country and how to learn from the foreign legislative experience and put forward their own views.
Finally, the author puts forward the corresponding legislative countermeasures on how our country should protect geographical indications. That is, we should formulate the protection law of geographical indications separately, which can fundamentally solve many difficult problems that exist at present, provide comprehensive protection to geographical indications, and give full play to the great economic value of this intellectual property right. In the specific steps, two steps are put forward, that is, short-term goals and long-term goals.
In view of this new topic, this paper first uses the method of historical research to carry out longitudinal research; at the same time, we use the method of comparative study to carry out this problem horizontally. In addition, I try to introduce an empirical analysis method and further study this one through the analysis of some related data from the perspective of economics. The problem is to try to
A large number of facts show people that the huge intangible assets of geographical indications will benefit China's local economy and enterprise efficiency.
Significant economic significance.
The practical value of this project is that through in-depth study of the problem, first of all, more local government can be achieved.
Government departments and more enterprises attach importance to the value of the intangible intellectual property of geographical indications, and arouse people's active protection.
Secondly, we can better combat the rampant rampage of fake and shoddy products, purify the market environment and maintain market rank.
In order to protect the legitimate rights and interests of producers and consumers, we should provide some suggestions for the relevant departments of the state to promote this.
Related legislation and administrative work in the field.
The theoretical significance of this topic lies in the fact that the subject involves civil and commercial law as well as administrative law.
The problem involves not only domestic law but also foreign law and related international conventions.
Geographical indication is a relatively marginal problem. Therefore, the author thinks that the study of this issue will be later.
The research on similar problems has opened up a path, which has certain pioneering significance and will be a research for similar problems in the future.
The role of a theoretical paving.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D997;D923.4
本文编号：2126084
[Abstract]:After the establishment of WTO, the TRIPs agreement explicitly incorporated the geographical indications into the scope of the protection of intellectual property. As a result, geographical indications became a universal intellectual property right in the world. As China joined the WTO, the economy became increasingly integrated into the tide of globalization, and when we fulfilled the obligations of WTO, we should also actively grasp the rights given to us by WTO, Taking full advantage of the long term of geographical indications under the protection of intellectual property, it benefits the national community. However, the present situation of the protection of geographical indications is very worrying in our country. This situation has aroused the strong interest of the author to study the problem, and it has become the motive and purpose of the author's research.
This article first introduces the origins, concepts, features and legal attributes of geographical indications. The so-called geographical indications refer to the identification of a product originating in a member domain, or in a certain area or place in the field, and the specific quality, reputation, or other characteristics of the product, which are mainly associated with the geographical origin.
Then the second chapter makes a comparative study of geographical indications and some related issues, such as rules of origin, origin, trademarks and trade names, so that we have a further understanding of geographical indications.
In the following two chapters, this article reviews the provisions of some international conventions and major countries on the geographical indications, especially the relevant provisions in the TRIPs agreement.
The fifth chapter reviews the problem of China's protection of geographical indications from the historical point of view, and makes a more objective description of this historical process and divides it into three stages.
The sixth chapter focuses on the analysis of the current parallel protection mode, that is, the national trademark office registers the geographical indications as the collective trademark and the proof trademark through the trademark law, and the pattern of the National Quality Inspection Bureau to protect the geographical indications by registering the local products, and then points out the shortcomings and conflicts of the two protection modes.
In the seventh chapter, the author is about how we should correctly understand the relevant provisions of the TRIPs agreement. The geographical indications are one of the few long terms in the intellectual property rights of our country. The geographical indications make a thorough analysis of the important economic significance of our country and how to learn from the foreign legislative experience and put forward their own views.
Finally, the author puts forward the corresponding legislative countermeasures on how our country should protect geographical indications. That is, we should formulate the protection law of geographical indications separately, which can fundamentally solve many difficult problems that exist at present, provide comprehensive protection to geographical indications, and give full play to the great economic value of this intellectual property right. In the specific steps, two steps are put forward, that is, short-term goals and long-term goals.
In view of this new topic, this paper first uses the method of historical research to carry out longitudinal research; at the same time, we use the method of comparative study to carry out this problem horizontally. In addition, I try to introduce an empirical analysis method and further study this one through the analysis of some related data from the perspective of economics. The problem is to try to
A large number of facts show people that the huge intangible assets of geographical indications will benefit China's local economy and enterprise efficiency.
Significant economic significance.
The practical value of this project is that through in-depth study of the problem, first of all, more local government can be achieved.
Government departments and more enterprises attach importance to the value of the intangible intellectual property of geographical indications, and arouse people's active protection.
Secondly, we can better combat the rampant rampage of fake and shoddy products, purify the market environment and maintain market rank.
In order to protect the legitimate rights and interests of producers and consumers, we should provide some suggestions for the relevant departments of the state to promote this.
Related legislation and administrative work in the field.
The theoretical significance of this topic lies in the fact that the subject involves civil and commercial law as well as administrative law.
The problem involves not only domestic law but also foreign law and related international conventions.
Geographical indication is a relatively marginal problem. Therefore, the author thinks that the study of this issue will be later.
The research on similar problems has opened up a path, which has certain pioneering significance and will be a research for similar problems in the future.
The role of a theoretical paving.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D997;D923.4
【引证文献】
相关期刊论文 前1条
1 高映红;;对我国地理标志保护问题的探讨[J];长江大学学报(社会科学版);2008年05期
相关硕士学位论文 前2条
1 刘松梅;我国地理标志法律保护制度研究[D];兰州大学;2007年
2 周燕;地理标志的国际保护制度探究[D];华东政法大学;2007年
本文编号：2126084
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