Protection of Geographical Indications in China: Conflicts, Causes and Solutions

Authors: Xiaobing, Wang¹; Kireeva, Irina²

Source: The Journal of World Intellectual Property, Volume 10, Number 2, March 2007 , pp. 79-96(18)

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Abstract:

This article provides an example of protection of geographical indications in China and describes how this intellectual property type is protected in China, why protection of this type of intellectual property resulted in adoption of conflicting laws and regulations, what the causes of such a situation were and how it is managed at the present moment. The interest for China may be explained not only by the size of its territory and population but also by its history, tradition and the role played in international trade since China became a World Trade Organization member. At present, China has a dual system for the protection of geographical indications. On the one hand, it protects geographical names as certification and collective trademarks. On the other hand, it recognizes specific products of high quality and offers sui generis protection to the geographical names of such products.

Keywords: geographical indications; certification and collective marks; intellectual property protection in China

Document Type: Research article

DOI: http://dx.doi.org/10.1111/j.1747-1796.2007.00315.x

Affiliations: 1: Shandong University 2: O'Connor and Co.

Publication date: 2007-03-01