The product protection system of geographical origin is the name of our country. It is also known internationally as the protection system of the right to name of origin or the geographical indication protection system. It is an important institutional system adopted by most countries in the world to effectively protect their own specialty products since the 20th century. It is also a common protection rule recognized in the World Trade Organization's "Trade-Related Aspects of Intellectual Property Rights" (TRIPS Agreement). Since my country has only been a member of the World Trade Organization for a short period of time and has a relatively late understanding of this system, the protection of domestic products of origin is still in the initial stage of pilot testing. Therefore, many of the issues involved need to be carefully studied comprehensively and in-depth.

1. Some basic concepts about the product protection system of geographical origin

(1) The concepts and functions of geographical indications and designations of origin

In TRIPS In the agreement, the intellectual property protection system for geographical indications occupies a particularly important position in the international trade of agricultural products. Articles 22-24 of Chapter 3 of the Agreement specifically stipulate geographical indications as an independent intellectual property. The TRIPS Agreement stipulates: “Geographical indication refers to a mark that proves that a product originates from a certain member country or a certain region, or a certain place within the region. And certain specific qualities, reputations or other characteristics of the product, in essentially attributable to that geographical origin”. It can be seen that the geographical indications proposed by the World Trade Organization to be protected have three basic points: 1. It must be proved to be the true source of a certain product (that is, the geographical location of the origin); 2. The product must have unique quality and reputation and other characteristics; 3. These unique qualities, reputations and characteristics are essentially attributable to a specific geographical location. This definition is the same as the “appellation of origin mark” in the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration under the management of the World Intellectual Property Organization (WIPO) in terms of intellectual property attributes. They both refer to a certain A specific product originates from a specific region (it can be a country or a region), and its characteristics are closely related to the geographical environment (including natural factors and man-made factors). The specific region that meets these basic regulations is the "origin." ". Therefore, it can be concluded that the provisions of the TRIPS Agreement on geographical indications are basically consistent with the provisions of the World Intellectual Property Organization on appellations of origin.

my country’s newly revised Trademark Law not only specifically adds provisions for the protection of geographical indications, but also clearly defines geographical indications: “The so-called geographical indications refer to indicators that a certain product originates from a certain region. , a sign that the specific quality, reputation or other characteristics of the product are mainly determined by the natural factors or human factors of the area." It can be seen that the geographical indications defined in my country’s Trademark Law are basically consistent with the definitions in the TRIPS Agreement, and they are both special geographical indications that contain the characteristics of the place of origin.

In the "Regulations on the Protection of Products from Regions of Origin" promulgated and implemented by the my country Quality and Technical Supervision Bureau in the form of a director's order on March 1, 2000, there is also a clear definition of "origin":

“Region of origin products refer to products produced in a specific region using raw materials produced in a specific region according to traditional techniques. The quality, characteristics or reputation essentially depend on the geographical characteristics of the region of origin and are produced in accordance with this It stipulates that products that have been reviewed and approved can be named after their region of origin." Therefore, the name given to this product is the designation of origin.

According to the above regulations, the name of origin includes four basic meanings: 1. The name of origin must actually exist and be a geographical name. It can be the name of a country, such as French white wine, Chinese silk, etc.; it can also be the name of a certain region, such as Jinhua ham, Longjing tea, Turpan grape, etc. 2. It must be a local specialty product or a product produced through unique traditional craftsmanship. For example, Turpan raisins are a naturally selected grape variety unique to the local history, coupled with the unique local soil, climate, temperature, humidity, light and other geographical environmental conditions, and are produced through traditional processing techniques that have been passed down for thousands of years. 3. Enjoy a reputation in domestic and foreign markets and have certain characteristics and quality. 4. The name of origin must be reviewed and approved through specific procedures stipulated by the national competent authority before it can be confirmed and receive corresponding protection.

As can be seen from the above introduction, my country’s regulations on origin are basically consistent with the international definitions of geographical indications and origin, and they are three concepts that can be interoperated.

(2) The concept of appellation of origin rights

The so-called appellation of origin right refers to the collective rights of producers of specific commodities in a specific place of origin or institutions representing them to their names of origin. Exclusive rights. Among them, "specific goods" are goods with specific quality and characteristics determined by the human and geographical conditions of the place of origin. The goods meet the authentic and stable traditional conditions and enjoy a relatively stable reputation within a certain geographical scope. It is a collective exclusive right. Appellations of origin cannot be monopolized by one person or company. If the name of origin is registered as a certification trademark by a chamber of commerce, agency or industry association in the place of origin, the chamber of commerce, agency or group shall have the exclusive right to the geographical indication; if the name of origin has not been registered as a certification mark If there is a trademark, the right to the designation of origin is the right of the local government. There is no limited protection period for the right of appellation of origin. It depends on the unique human and geographical conditions of the place of origin. The right to appellation of origin is unique and shall not be transferred to enterprises and individuals producing in other places. Since geographical indications cannot be bought or sold, the right to an appellation of origin has the property of being non-tradable.

In practice, the right to appellation of origin mainly consists of the right to use and the right to prohibit. The subject of the right to use is the collective use of producers within a certain geographical scope. This is fundamentally different from trademark rights. The right to prohibit not only prohibits production enterprises and operators in other geographical areas, but also prohibits locally produced products that do not meet characteristic requirements and traditional conditions.

(3) The main protection objects of the product protection system of region of origin

According to the definition of product origin in the TRIPS Agreement, the characteristics of a product must be "mainly related to the geographical origin ” can be determined as the place of origin. This involves to a considerable extent the unique local natural environmental conditions, including climate, soil, water sources and other factors, and often involves humanistic factors such as traditional craftsmanship in a specific region. Therefore, the vast majority of protected objects are those closely related to natural resources in a specific region. related products. From a historical perspective, the product protection system of origin was initiated by wine, and then gradually expanded to other agricultural products, processed products and handicrafts such as grapes. However, for decades, agricultural products and their processed products (especially alcoholic beverages, beverages and various foods) have always accounted for the vast majority of products of origin protected by countries around the world. Therefore, it can be said that the main objects of the product protection system of origin have always been agricultural products and their processed products. At present, the EU has more than 1,000 products with protected geographical origin, most of which are agricultural products and their processed products (mainly food); France has 23 kinds of protected products with geographical origin, among which agricultural products and their processed products (such as champagne, cognac) wine, etc.) account for the majority.