The current geographical indication protection models in various countries around the world include anti-unfair competition combined with trademark law protection and special law protection.
The special law protection model is to pass special legislation and have a specialized agency to be fully responsible for the application, registration and use management of geographical indications. This is mainly a positive protection method.
Countries that adopt a special law model to actively protect geographical indications generally have relatively developed agriculture in history, and the protection of geographical indications is of greater significance. A typical representative is France. The French Ministry of Agriculture has the National Appellation of Origin Agency (INAO), which is fully responsible for the identification and management of the appellation of origin of all agricultural products and food.
The anti-unfair competition law protection model was initially established in accordance with the minimum requirements of the TRIPS Agreement. Its main content is defensive, that is, it prohibits the counterfeiting of geographical indications, such as the use of unauthentic geographical indications, False representation, etc.; however, because geographical indications contain greater economic value, some countries that adopt the anti-unfair competition law model have gradually increased proactive (or positive) protection methods, that is, treating geographical indications as a special trademark. It is allowed to actively apply for registration within the trademark law system and use and manage it in accordance with the law (mainly through the registration and use of certification or collective trademarks).
In addition to common law countries, Germany, Japan, etc. have adopted the anti-unfair competition law model. For example, the U.S. Lanham Act, in addition to prohibiting the use of false geographical indications, provides protection for eligible geographical indications in the form of group trademarks and certification marks. Germany's "Anti-Unfair Competition Law" prohibits false representation of origin, and stipulates in the "Trademark Law" that geographical indications that mislead the origin shall not be registered, but geographical indications can be registered in the form of collective trademarks. Japan's "Unfair Competition Suppression Law" classifies false geographical representation as an act of unfair competition. At the same time, its "Trademark Law" stipulates that trademarks that only represent place names will not be registered unless they are identifiable, but qualified regional group trademarks can register. It is worth noting that under the guidance of the strategic thinking of establishing a country through intellectual property rights, Japan has paid increasing attention to the application of the geographical indication system in recent years. It has obviously turned to an active protection model under the trademark law system, and its protection areas have greatly exceeded the traditional Agricultural products (extended to industrial products, processed foods, aquatic products, traditional arts and crafts, and even Chinatowns, altars and hot springs); as of October 20, 2009, the Japan Patent Office has reviewed 441 regional group trademarks (geographical products) logo).
It can be seen that there is no superior or inferior protection model for geographical indications through special laws or anti-unfair competition and trademark laws. The key is to be consistent with respective national conditions and to be effectively implemented.