WAN Zhiqian,ZHANG Yuan.The difficulties and solutions of the protection of geographical indications protection from the regional perspective [J]. Journal of Shanxi Agricultural University(Social Science Edition),2023,22(1):116⁃124.
WAN Zhiqian,ZHANG Yuan.The difficulties and solutions of the protection of geographical indications protection from the regional perspective [J]. Journal of Shanxi Agricultural University(Social Science Edition),2023,22(1):116⁃124. DOI: 10.13842/j.cnki.issn1671-816X.2023.01.013.
The difficulties and solutions of the protection of geographical indications protection from the regional perspective
Regionality is the core feature of geographical indications, which are manifested as the geographical naming of geographical indications, the regional use of the subject, and the regional relevance of product characteristics. This feature makes the geographical indications protection face such difficulties as overlapping protection, "ragedy of the commons", and difficult infringement relief. Establishing the priority principle of prior rights and the co-existence rule can solve the problem of overlapping protection. Standardizing rights subject and use behavior can prevent the occurrence of tragedy of the commons. Expanding the scope of the itigation subject and clarifing the conditions of legitimate use can resolve the difficulty of infringement relief. The Civil Code has clearly listed geographical indications as one of the objects of intellectual property rights. In order to play the role of geographical indications to promote agricultural development, increase farmers' income and rural prosperity, we should formulate the Law of Geographical indications Protection as soon as possible in China.
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