Abstract
Geographical indication is one of the intellectual property rights protected by several multilateral agreements. Among these agreements, Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) has the most members and is most influential as well, but a multilateral system of notification and registration of geographical indications has not been established up to now. In order to give better protection to China’s geographical indications in overseas market, additional measures must be taken. Firstly, China’s geographical indications can be registered in target countries. Secondly, the Chinese government should sign bilateral agreements on geographical indications protection with other countries. Thirdly, China has been taking part in several negotiations on free trade area, and the protection of geographical indications should also be taken into consideration. Lastly, the Madrid system of international registration for trademarks is also a practical way.
Highlights
Agreement on Trade-related Aspects of Intellectual Property Rights defined geographical indications (GIs) as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”
Chinese applicants may apply to the United States Patent and Trademark Office (USPTO) for the registration of geographical indications
If there are no irregularities in the application, the International Bureau of WIPO records the trademark in the International Register, and publishes the international registration in the official publication of the Madrid system, WIPO Gazette of International Marks, and notifies it to each designated Contracting Party
Summary
Agreement on Trade-related Aspects of Intellectual Property Rights defined geographical indications (GIs) as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. The overseas protection of China’s geographical indications is of great significance in expanding the exportation of Chinese agricultural products, defending the interests of Chinese farmers and other relevant operators. It is very important in enhancing the image of Chinese agricultural products in international markets
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