Geographical symbol protection is far away
Original title: Geographic markers protect the rich resources of my country’s geographical logo resources, potential business value and cultural value are very prominent.
The General Law is clearly listed as a class of intellectual property objects, establishes the important position of geographical sign rights in the system of intellectual property rights. In November 2019, the Sino-pro-office and national office issued the "Opinions on Strengthening Intellectual Property Protection" (hereinafter referred to as "Opinions"), in 2025, my country’s intellectual property protection system is more perfect, and the level of protection and protection can be effectively improved. And reach a high level.
The author believes that in order to achieve the goals and requirements proposed by "Opinions", the main tasks of my country’s geographical symbol protection include the following aspects.
First, promote the substantial unity of geographical indication administration.
Prior to the 2018 State Council institutional reform, my country’s geographic logo administration was mainly based on industry and commerce, quality supervision and agriculture.
This long management pattern and confusion, resulting in geographical symbols, known as different, management conflicts, regulating conflicts.
In practice, the rights of rights between different types of rights are often triggered. In 2018, the State Council institutional reform provides a solid foundation for ending multiple management and building geographical indication protection. However, we should also see that geographic logo protection of agricultural products, road medicines such as agricultural products, roads, etc. in geographic logo, still need to be further stamped. At the same time, "product protection" and product pointed to the geographical indication, there is still a problem that is substantially fused. In the future, how to promote the substantial unity of administrative management of geographical indications, allowing institutional reforms to generate "chemical response", but also need to solve the practical problem as soon as possible.
The second is to clarify the power of central critics and local matters in geographical symbol management.
According to the Fifth Plenary Session of the 19th CPC, it was appropriately strengthened the right to intellectual property protection; at the same time, the vertical management system and local grading management system were regulated according to the principle of rights and responsibility.
In accordance with this spirit, in terms of intellectual property protection, on the one hand, it should strengthen the power of the central and central and 上海油压SPA local rights; on the other hand, to give place more autonomy, support local creative work .
In terms of geographical symbol management, the need to strengthen the right of central Central Cattle includes the following aspects: First, implement national unified geographic logo dedicated markers, and do a good job in the promotion and connection of dedicated marks during the transition period. Second, unified admissions and review of the protection of geographical indication product protection, from "import" to put the "quality off" of geographical logo products.
Third, the international cooperation and exchanges of geographical marks have promoted the healthy development of international economic and trade exchanges, cultural exchanges and external relations. Fourth, carry out national 上海娱乐地图论坛 geographic logo resource surveys, and work in geographical logo.
Unlike unified review standards, the use of geographical indications should be sinking, which belongs to the right to local.
According to the current regulations, the application needs to pass the "review" of the provincial government function department, and after the "Review Qualified Registration" at the National Bureau, the producer can use the geographical sign-specific sign.
This kind of two-review does not meet the policy orientation of the improvement of intellectual property rights. It is recommended that the review rights of the decentralized national intellectual property management department shall adopt an examination, and changed to the provincial intellectual property administrative department review release, and the State Intellectual Property aish爱上海同城 Office will file a record.
At the same time, in the use of the review, it is necessary to establish a reconsideration system. Through the reconsideration system for the application, the provisions of the provincial decision can realize the supervision of local rights.
It is true that the use of geographical symbols and its product protection will be supervised, which is generally the common interest in the central and local.
In terms of geographical symbol management, after the power is strengthened, it should be implemented relatively strict geographical indications and certification standards to avoid "industrial impulse" in the development of geographical logo products in the past. At the same time, it should also actively carry out international exchanges of geographical indication, providing strong support for the supply side structure reform and improving cultural confidence in foreign trade. The third is to establish and improve geographical logo collective management systems. Compared with the traditional property system, the modern property system has two outstanding features: First, it has joined intangible property, especially the intellectual property system; the second is to emphasize "all", transferred into strengthening "use" (utilization). As a kind of intellectual property, landmark rights are also private, but it happens to carry a geographical name of this public product, so it is a private power based on public products. In the past, people pay more attention to the nature of the geographical logo, forming the situation of the strong intervention of administrative power, and most geographical marking products are promoted by local governments, including geographical logo applications, holding and use.
In fact, the internationally available rules are the implementation of collective management of geographical indications, mainly by industry associations or chairperson, and obtain special rights to geographic logo, and then permit.
In this way, the institutional core built between the applicant, the special owner, the use of rights, the use of rights, the relevant public is the basic collective management system.
This kind of collective management is also a kind of industry autonomy. The government is just a role of supervision. This kind of "small government" approach is completely different from the operational way of my country’s current geographic logo management.
Since my country’s current social organization is not developed, the industry is not standardized enough, the corresponding autonomous culture has not yet formed, how to complete this institutional conversion, a big problem for my country’s geographical symbols, is a big problem. The fourth is to develop a unified "People’s Republic of China Geographic Law".
"Opinions" proposed, "Improve Geographical Sign Protection Related Legislation". In fact, in the 2015, the State Council has proposed "Thirteen" National Intellectual Property Protection and Application Plan for "13th Five-Year" National Intellectual Property Protection and Application Planning in the New Situation. " .
Currently, this task is more urgent. Internationally has formed a special legislative protection model represented by Europe, Italy, etc. Behind these two models reflect the differences in the development model of European countries and new industrialized national development models, that is, the dispute between traditional production model and industrialization model. There are two major models have a thousand autumn, which does not have a recognized optimal program.
my country has been transformed into a traditional agricultural society as an industrialized country, which is a matter of reform and opening up for more than 40 years.
Although geographic markers and trademarks belong to symbolic transmission mechanisms, consumers can reduce consumer search costs, alleviate information asymmetry in market transactions, but the trademark system does not effectively accomplish and meet the real demand for geographical symbol protection. On the basis of the establishment of the registered trademark system, the current collective trademarks and proven trademark systems are difficult to achieve the core value and ideas of landmark rights. In particular, there is a contradiction between my country’s huge agricultural population and natural resource shortages, which requires geographical symbols and encourages high value-added agricultural production and product development.
Therefore, the author believes that adopting the EU special legislative model, formulating the Law of the People’s Republic of China, is the optimal choice for social and economic development in my country. (Director of the Beijing University International Intellectual Property Research Center, Professor Peking University Law School, Professor Ji Ming) (Editor: Lin Lu, Li Wei) Sharing Let more people see the recommended reading.