Geographic indications
In the Agreement on Trade-Related Aspects of Intellectual Property Rights, the World Trade Organization defines geographical indications as: Geographical indications are used to identify products originating in the territory of a member state or in that territory. A mark of a product of a region or a place, but the quality, reputation or other defining characteristics of the marked product should mainly be determined by its place of origin. Therefore, geographical indications are mainly used to identify the origin of a certain product, which is the origin indication of the product. Geographical indications are also a type of intellectual property.
Geographical indications, also known as indications of origin (or names), are defined in Article 22, Paragraph 1, of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement) as: A commodity originates from a member's region, or from a region or a place in the region, and the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical origin." my country's "Trademark Law" revised in 2001 also added provisions on geographical indications. Article 16, paragraph 2, stipulates: "The geographical indications mentioned in the preceding paragraph refer to the indication that a certain commodity originates from a certain region and the specific quality of the commodity. , reputation or other characteristics, which are mainly determined by natural factors or artificial factors in the area. "It can be seen from the TRIPS Agreement and my country's Trademark Law that the definitions of geographical indications are basically the same: geographical indications are indicators of something. A sign that a good originates from the territory of a Member Party, or from an area within such geography, and that the specific quality, reputation or other characteristics of the product are primarily associated with that geographical origin.
A geographical indication indicates that a product originates from a certain region. The specific quality, reputation or other characteristics of the product are mainly determined by the natural factors of the region or
Geographical indication
A symbol determined by humanistic factors. [3]
If a trademark contains a geographical indication or is identical or similar to a geographical indication, and the goods designated for use do not originate from the area indicated by the mark, which is likely to cause confusion and misunderstanding among relevant consumers, registration shall not be allowed. ; However, registration that has been obtained in good faith will continue to be valid.
Section 3 of Part II of the WTO (World Trade Organization) Intellectual Property Agreement "Trade-Related Aspects of Intellectual Property Rights" (TRIPS for short) stipulates members' obligations to protect geographical indications.
The TRIPS Agreement defines geographical indications: “Geographical indications refer to signs that prove that a product originates from a certain member country or a certain region or a certain place within the region. Certain characteristics of the product Certain qualities, reputations or other characteristics are essentially attributable to that geographical origin”.
A geographical indication is an indication of the origin of a specific product. It can be the name of a country, the name of an administrative division and the name of a region or region that will not cause misunderstanding.
Strongly regional characteristics
Intellectual property rights are regional and can only be protected within a certain range. However, the regional nature of geographical indications is even stronger because geographical indications Not only are there geographical restrictions for national protection, but its owners are also subject to geographical restrictions. Only producers from the source of the goods can use the geographical indication.
Obvious group character
Geographical indications can be used jointly by all enterprises and individuals in the place where the goods originate, as long as the goods they produce reach the quality of the products represented by the geographical indications , so that more than one person uses the same geographical indication in the same area, making the owner of the geographical indication a group.
The uniqueness of the goods represented
As a kind of mark, a geographical indication is associated with a certain geographical area. Its main function is to enable consumers to distinguish products originating from a certain area. Compare and select the products with the same kind of products from other regions to find the best combination of the value and use value of the products and buy the products you want.
Main factors
Natural factors and human factors are the main factors affecting geographical indications. Among them, natural factors refer to the climate, soil, water quality, natural species, etc. of the place of origin; human factors refer to the unique product production technology, processes, formulas, etc. of the place of origin.
Trademark
A trademark is a mark used to distinguish one operator’s brand or services from the goods or services of other operators.
my country's Trademark Law stipulates that for trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant enjoys the exclusive right to trademark and is protected by law. If it is a well-known trademark, he will obtain a cross-category trademark. Legal protection of exclusive rights.
Answer from the official website of the World Intellectual Property Organization (WIPO): A trademark is a distinctive sign that identifies a product or service as being produced or provided by a specific individual or enterprise. The origins of trademarks date back to ancient times, when craftsmen imprinted their signatures or "marks" on their works of art or utilitarian products. Over the years, these marks evolved into today's trademark registration and protection system. This system helps consumers identify and purchase a product or service because the nature and quality of the product or service indicated by the unique trademark on the product or service meet their needs.
Features
1. A trademark is a mark used on goods or services. It cannot be separated from the goods or services and is attached to the goods or services.
2． A trademark is a sign that distinguishes the goods or services of others. It has a particularly distinctive distinguishing function and is easy for consumers to identify. The composition of a trademark is an artistic creation.
3. A trademark is a visual mark composed of text, graphics, letters, numbers, three-dimensional signs and colors, as well as a combination of the above elements.
4. Trademarks are exclusive. The purpose of using a trademark is to distinguish the goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights to his trademark and is protected by law. No one may use the same or similar trademark without the permission of the trademark owner. Otherwise, it will constitute an infringement of the registered trademark. The owner of the right shall bear the corresponding legal liability for the exclusive right to use the trademark.
5. A trademark is an intangible asset and has value. A trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation. The trademark owner makes the trademark valuable and increases the added value of the goods through the trademark's creativity, design, application for registration, advertising and use. The value of a trademark can be determined through an appraisal. Trademarks can be transferred for a fee, and others can be allowed to use them with the consent of the trademark owner.
6. Trademarks are the carrier of product information and a tool for participating in market competition. The competition among producers and operators is the competition of quality and reputation of goods or services, and its manifestation is the competition of trademark popularity. The higher the popularity of the trademark, the stronger the competitiveness of its goods or services.