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The latest complete works of geographical indication trademark cases
Geographical indications, also known as signs 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 TRIPS Agreement) as: "It means that the commodity originated in the territory of a member, or originated in a region or place in the region, and the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical origin". China's Trademark Law, revised by 200 1, has also added provisions on geographical indications. Paragraph 2 of Article 16 stipulates: "The geographical indications mentioned in the preceding paragraph refer to the indication that the goods originate from a certain region, and their specific quality, reputation or other characteristics are mainly determined by natural factors or human factors in that region." As can be seen from the TRIPS Agreement and China's Trademark Law, the definition of geographical indications is basically the same: geographical indications are indications that a commodity originated in the territory or region of a member within the geographical scope, and that the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical origin. ? Geographical indications indicate that a commodity originates from a certain region, and its specific quality, reputation or other characteristics are mainly determined by natural factors or geographical indications. Features are as follows:

Strong regionality

Intellectual property rights are all regional and protected only within a certain range, but geographical indications are more regional, because geographical indications are not only protected by the state, but also restricted by their owners, and can only be used by producers of commodity sources.

excellence group

Geographical indications can be used by all enterprises and individuals in the origin of goods, as long as the goods they produce meet the product quality represented by geographical indications, so that more than one person uses the same geographical indication in the same area, which makes the owners of geographical indications group.

The uniqueness of the goods represented.

Geographical indications, as a mark, are associated with a certain geographical area. Its main function is to enable consumers to distinguish between goods from a certain region and similar goods from other regions, compare and choose from the surface, so as to find the best matching point between commodity value and use value and buy the goods they want.

primary factor

Natural factors and human factors are the main factors affecting geographical indications. Among them, natural factors refer to the climate, soil, water quality and natural species of origin; Human factors refer to the unique production technology, process and formula of products in the country of origin.