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Protection of Geographical Indications in China: Conflicts, Causes and Solutions
Author(s) -
Xiaobing Wang,
Kireeva Irina
Publication year - 2007
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/j.1747-1796.2007.00315.x
Subject(s) - china , intellectual property , dual (grammatical number) , international trade , geographical indication , certification , quality (philosophy) , population , world trade , geography , political science , business , law , regional science , sociology , demography , art , philosophy , literature , epistemology
This article provides an example of protection of geographical indications in China and describes how this intellectual property type is protected in China, why protection of this type of intellectual property resulted in adoption of conflicting laws and regulations, what the causes of such a situation were and how it is managed at the present moment. The interest for China may be explained not only by the size of its territory and population but also by its history, tradition and the role played in international trade since China became a World Trade Organization member. At present, China has a dual system for the protection of geographical indications. On the one hand, it protects geographical names as certification and collective trademarks. On the other hand, it recognizes specific products of high quality and offers sui generis protection to the geographical names of such products.