The right to appellation of origin is a commodity distinguishing mark related to a trademark. It is an intangible property right. Its object has property content and is an object of industrial property protection. Therefore, unauthorized use by others will have property consequences. However, it is significantly different from industrial property rights such as trademark rights, goodwill rights, and trade secret rights, and it does not fully possess the characteristics of such rights. Its characteristics are reflected in the following aspects:

1. The right to name of origin does not have the exclusive character of an individual. In this regard, it has an important difference from the trademark right. Trademarks can be registered exclusively, but names of origin are not allowed to be registered by individuals alone. If exclusive registration is allowed, it will inevitably deprive other producers and operators in the region of the right to use it. Article 8 of my country’s Trademark Law stipulates that place names of administrative divisions above the county level and foreign place names known to the public shall not be registered as trademarks, except for place names with other meanings.

2. The right to name of origin has different timing requirements from trademark rights, goodwill rights, and trade secret rights. The right to an appellation of origin is not time-sensitive. This right has no limit on the protection period and is a permanent property right. If the trademark right expires and is not renewed, the exclusive right will be lost according to law. Although there is no protection period limit for trade secret rights, this right will be lost once the main content of the trade secret is disclosed. Although the right to goodwill is not temporal, the basis for the existence of goodwill is the existence of the subject of goodwill. Once the enterprise or individual as the subject of goodwill ceases to exist, the right is lost. Relatively speaking, the right to appellation of origin is attached to a geographical indication and exists in connection with a certain type of producer. Therefore, it is a sustainable right without statutory grounds for extinguishing it.

3. The right to name of origin is different from the transfer of trademark rights, goodwill rights, and trade secret rights. The object of the right to an appellation of origin has original characteristics, and its rights cannot be transferred or licensed. Although this right has property significance, due to the origin of the object of the right, that is, a geographical indication, it is determined that if the transfer and use of the appellation of origin is allowed, it will It will cause confusion about the geographical origin of goods, thus losing the original function and role of geographical indications. The trademark registrant in a trademark has the right to transfer the ownership of his registered trademark to others according to law, and can also license others to use it according to law. Because trade secrets have the legal characteristics of teachability and transferability, they can be transferred between market entities as the subject of transactions in accordance with the law. Although the acquisition of goodwill rights is specific and abstract, after all, it has property content and is directly reflected in property interests. Therefore, in business practice, non-goodwill rights entities cooperate with goodwill entities through joint ventures, joint ventures, shares, etc. In a sense, goodwill rights are also transferred to varying degrees.

4. The scope of rights subjects seeking legal protection and relief is different. The specific nature of trademark rights, goodwill rights, and trade secret rights determines that when their rights are illegally infringed upon, only the individual rights holders can claim their rights and seek judicial protection. When misappropriation or counterfeiting of a designation of origin occurs, any right holder can file a lawsuit because it does not have individual exclusive rights.