1. Similarities between geographical indications and names of origin
Geographic indications and names of origin belong to the same concept. All names of origin are geographical indications, but some geographical indications The logo is not a designation of origin.
Origin certification mark is a type that incorporates geographical indications and origin names into the certification mark system and is protected under the Trademark Law, namely: origin certification mark and quality certification mark. As one of the categories, registering a certificate of origin trademark is an effective way to protect the name of origin. It can be the name of an administrative division at or above the county level. It does not violate the prohibition provisions of the Trademark Law. Theoretically, it is believed that the name will be used in the "Second meaning" arose, that is, people associate not only a place but the specific commodities produced in that place by place names, such as Fuling (mustard), Pixian (douban), etc. The certification mark of origin emphasizes the specific (geographical and cultural) environment of the region and the essential impact of this environment on the quality characteristics of the goods.
In the TRIPS Agreement, names of origin are replaced by geographical indications. Article 22 of Section 3 of the Agreement stipulates: “Geographical indications refer to certification that a product originates from a certain member country or a certain region. or an indication of a place within the region. Certain specific qualities, reputation or other characteristics of the product are essentially attributable to that geographical origin.” Compare the TRIPS Agreement’s definition of geographical indications with that of the Paris Convention and the Lisbon Agreement. Comparing the definitions of names of origin, it can be clearly seen that the TRIPS Agreement defines geographical indications on the basis of names of origin, and the two have the same connotation.
The characteristics, functions and effects of geographical indications and regional origin products (marks) are the same. First of all, the characteristics of geographical indications and regional origin products (marks) indicate a certain region where the goods (products) come from, and they are essentially regional indications. Secondly, the functions of geographical indications and products of origin (marks) are to indicate the specific quality, reputation or other characteristics of the product, and are mainly determined by the natural factors or human factors (attributes) of the region. They are both commodities (products). quality mark. Third, whether it is a geographical indication or a product of origin (mark), its function is to distinguish the source of goods (products) in order to implement special protection for products from a specific region. The purpose is to ensure the specific quality of these goods or products and promote and develop them. Traditional characteristic industries and protecting the legitimate interests of operators, although the names are inconsistent, their connotation and essence are the same. Geographical indication protection and product of origin protection both protect products of specific quality produced in specific regions.
. 2. The difference between geographical indications and names of origin
“Internationally, only well-known trademarks and certification marks can receive special protection.” my country’s Trademark Law has been compared with In line with WTO rules, certification trademarks have become a passport and talisman for specialty agricultural products and handicrafts to go global.
(1) The legal effects are different. The protection basis for geographical indication certification trademarks is mainly the "Trademark Law of the People's Republic of China"; the protection of origin product names is based on the "Regulations on the Protection of Origin Products" of the General Administration of Quality Supervision, Inspection and Quarantine. This provision is a departmental regulation. Therefore, the legal effects produced by the two are not the same.
(2) The applicants are different. The applicants for certification trademarks refer to domestic legal persons and institutions that comply with relevant regulations, as well as foreigners or foreign enterprises. According to the "Regulations on the Protection of Products from Regions of Origin", the applicants for the protection of product names in regions of origin are local quality supervision departments, industry authorities, industry associations and producer representatives to establish product protection declaration agencies in regions of origin (referred to as "declaration agencies"). ”), is a relatively pure management organization. Therefore, the subject of certification trademarks is "market-oriented", which can better reflect my country's integration with international standards in the field of intellectual property rights, embody the "principle of reciprocity", and adapt to the needs of the market economy.
(3) Law enforcement agencies are different. According to the provisions of the Trademark Law, the law enforcement agencies that certify trademarks are the industrial and commercial administration agencies at all levels. The law enforcement agencies for origin protection are technical supervision departments at all levels.
(4) The logo forms are different.
A "certification mark" is a sign like an ordinary trademark. Different certification marks have different graphic and textual characteristics and do not have a fixed and unified mark. However, "products of origin" have a fixed and unified mark. To achieve public identification, all products of origin must use the "region of origin product mark" determined by the National Quality Supervision and Inspection Bureau to ensure that all products are consistent.
(5) The scope of protected areas is different. At present, among the more than 100 countries that have joined the WTO, except for more than 20 countries such as France, which implement separate legislation to protect the name of origin, most of them, such as the United Kingdom, the United States, Canada, Germany, and Australia, have more trade relations with my country. Closely related developed countries all protect their products through trademark laws and in the form of certification trademarks. The scope of international protection for certification marks is much wider than the scope of protection for appellations of origin. According to international practice, when the name of origin conflicts with trademark rights, the "first to file principle" must be implemented. Only after the name of origin is registered as a certification mark in the country, can the name of origin be used in accordance with the international treaty that our country has joined (the Madrid Agreement on the International Registration of Trademarks) " and the "Protocol Relevant to the Madrid Agreement") to achieve international registration, register and protect origin certification trademarks, and effectively improve the visibility and competitiveness of products in domestic and international markets. Use legal weapons to protect your own rights and interests.
(6) Brand promotion is different. If the geographical indication certification trademark meets the conditions for well-known trademark recognition, you can apply for recognition as a well-known trademark to further enhance the brand image, enhance consumer loyalty and favor, and increase the number of certification trademarks. The protection intensity is strong, and enterprises that comply with the management rules of geographical indication certification trademarks are allowed to use it. In order to promote the brand effect and enable producers and operators to obtain greater benefits, the name of origin can only be realized after the application for registration and approval of the geographical indication certification trademark.
Note: Geographical indication protected products are products from the region of origin in this article