Geographical indications have always played an important role in various countries. It is also a problem that has attracted much attention internationally but has not been completely solved. Countries have different methods of protecting geographical indications. According to research by the International Bureau of the World Intellectual Property Organization, the current methods for protecting geographical indications in various countries can be roughly divided into three protection methods: registered certification trademark or collective registered trademark protection, anti-unfair competition law or consumer protection law, and independent legislative protection.
1. Protected by registering a collective trademark or certification mark.
Currently, more than 100 countries and regions protect geographical indications by registering certification trademarks or collective trademarks. The holder of a geographical indication is required to define the production scope, technical standards, trademark pattern, etc. for which the trademark is registered. This definition is an integral part of the description. When the application is approved, the description becomes an important part of the registration. Part of it is legally binding on registrants and trademark users. The advantage of this method of protection is that geographical indications are included in the protection system of the Trademark Law, which makes it easier to protect geographical indications of agricultural products in a procedural manner and to obtain protection in other countries and regions.
2. Protection through the Anti-Unfair Competition Law.
The use of the Anti-Unfair Competition Law as a method of protecting geographical indications has continued to develop historically. The Paris Convention originally stipulated that it could prohibit or limit the use of false marks of origin together with false trade names; it later developed to prohibit the use of false or deceptive marks of origin (Paris Convention, Lisbon Agreement, Madrid Agreement), and then It has developed to the point where the use of geographical indications constitutes a general prohibition on unfair competition under Article 10bis of the Paris Convention. One of the main features of the geographical indication protection system based on anti-unfair competition is that the judge must clearly define the key elements in the definition of the geographical indication during the litigation process, such as the production area and the specific quality originating from the area indicated by the geographical indication. , and the reputation of geographical indications.
Even in countries that adopt registered collective trademarks and certification marks or special legislation to protect geographical indications, anti-unfair competition law is still a supplementary means to protect geographical indications. For example, my country’s trademark law is based on the anti-unfair competition law. For the purpose of fair competition, it is stipulated that trademarks containing false geographical name indications shall not be registered.
3. Special legal protection.
Most countries in the world do not accept the method of special law protection. Currently, about 20 countries internationally protect geographical indications according to this model. This protection method can be further divided into registered geographical indication protection and designation of origin protection. France is the first country to implement origin protection, and it has a complete and specialized protection method. The French government has established the Institute of Appellations of Origin (INAO), whose main function is to test and control the quality of products using "tested" Appellations of Origin. For products other than wine, spirits and cheese, the designation of origin can be determined through judicial channels or administrative procedures.
In addition to the above protection models, some countries adopt the practice of applying different laws and procedures to protect geographical indications of different products. For example, Australia has formulated a special law, the Australian Wine and Brandy Commonwealth Act 1980. The protection of wine geographical indications must be registered and protected in accordance with this law. Product marks other than wine must be registered to prove trademark protection in accordance with the Trademarks Act 1995. .