地理标志保护立法探论

由于国情的不同,各国的地理标志保护模式存在较大的差异,分别有专门法保护、商标法保护、专门法和商标法协调保护和反不正当竞争法保护四种。结合地理标志权属性质和我国国情,我国应采取商标法和专门法协调保护的立法模式,还应辅之以其他相关法律、特别是反不正当竞争法的保护。目前应注意提高地理标志保护立法层次以及处理地理标志商标权和原产地名称权的冲突问题。

Aprobe into the Legislation of Protecting Geographical Indications

As we all know, different country has different way to protect the geographical indications. The main four ways are protections of special law, law of trade mark, special law and law of trademark, and law of against competition by inappropriate means. Regarding its nature and our country's condition, we are expected to adapt the mode of combining the law of trade mark with the special law accompanied by other related laws. Recently, it also should pay attention to improve its legislative level and resolve the conflict between its right of trade mark and right of appellation of origin.