论地理标志法律保护机制之完善——以金华火腿为例.pdf

Abstract Abstract Legal scholars pay a lot of attention to the protection of geographical indications from both the domestic and international perspective, since geographical indications are protected by the TRIPS agreements. Our country has a large number of geographical indication products currently ，although we made a series laws to meet TRIPS, such as Trademark Law, Provisions of The Protection of Geographical Indication Products, The Measures for The Administration of Geographical Indications of Agricultural Products and so on, but the repetition and conflict exist. And compared with the protection of geographical indications in the world, the differences are obvious. All these not only bring the cost of administrative and judicial increasing, but also make the waste of economic. ―Jinhua Ham‖, as five star geographical indication in our country, condensed the wisdom of Jinhua ’s people. But the tort occurred ，and affected its reputation and sales severely. Besides, influenced by the conflict of the Trademark Law and the Provisions of The Protection of Geographical Indication Products, there are two labels on one ham. So Jinhua ham is typical in so many geographical indications in our country. Therefore，I select geographical indication of ―Jinhua Ham‖ as a point ，based on an investigation of Jinhua ham and analyzed the present situation of the protection of geographical indication in Jinhua, we can sum up that there are many problems in present protection of geographical indication in China. The stone in other mountains， may attack the jade, considering that our country has similar geographical indication resources and long national history with EU, I hope that by compared with the unique syste