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Geographical Indications: Can China Reconcile the Irreconcilable Intellectual Property Issue between EU and US?

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  • Feng, Shujie

Abstract

Geographical indications (GIs), signs used on products that identify their geographical origin and special quality or reputation, are atypical intellectual property. The conflicts of interest between the New World and Old World and the diversity of legal regimes have obstructed the international harmonization of GI protection. Neither the Lisbon Agreement nor the TRIPS Agreement have been able to establish a widely accepted international GI registration or protection system. Though the Geneva Act has remarkably improved the treaty regime of GIs, the different approaches of the European Union and United States still seem irreconcilable. This article examines the Chinese dual GI system from a treaty perspective and explores the common functions of GIs and Trademarks, concluding that China's Trademark Law can ensure GI protection that is compliant with the TRIPS Agreement and the Geneva Act. The Chinese solution can be a reference for other countries which protect GIs with a trademark system.

Suggested Citation

  • Feng, Shujie, 2020. "Geographical Indications: Can China Reconcile the Irreconcilable Intellectual Property Issue between EU and US?," World Trade Review, Cambridge University Press, vol. 19(3), pages 424-445, July.
    • Handle: RePEc:cup:wotrrv:v:19:y:2020:i:3:p:424-445_5
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    Cited by:

    1. Sihui Zhang & Yong Sun & Xuzhou Yu & Yafeng Zhang, 2023. "Geographical Indication, Agricultural Products Export and Urban–Rural Income Gap," Agriculture, MDPI, vol. 13(2), pages 1-16, February.
    2. Weiwen Qian & Yinguo Dong, 2023. "Comparative study on the geographical indication protection between China and the European Union - From the perspective of the China-EU Geographical Indications Agreement," Agricultural Economics, Czech Academy of Agricultural Sciences, vol. 69(5), pages 185-201.

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