An Analysis of China's System of Protecting Geographical Indications

2006 ◽  
Vol 1 ◽  
pp. 1-21
Author(s):  
Lanye Zhu
Keyword(s):  
Intellectual Property ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Trademark Law ◽  
Chinese Law ◽  
Trademark Registration

AbstractGeographical indications are a kind of intellectual property required to be protected under the TRIPS Agreement of the WTO. In order to fulfil its WTO obligations, China started to protect geographical indications even before it was formally admitted to the WTO. At present, geographical indications can be protected in Chinese law through one or both of the following ways: trademark registration pursuant to the Trademark Law, and the registration of special labels bearing geographical indications. However, internal problems exist within both of these systems, and the co-existence of the systems also creates conflicts. This article analyses these problems and proposes ways of resolving them.

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

2019 ◽  
Vol 19 (3) ◽  
pp. 424-445
Author(s):  
Shujie Feng
Keyword(s):  
Intellectual Property ◽  
New World ◽  
Geographical Origin ◽  
Conflicts Of Interest ◽  
Trips Agreement ◽  
Geographical Indications ◽  
The European Union ◽  
Trademark Law ◽  
The Common ◽  
Intellectual Property Issue

AbstractGeographical 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.

A closer look at the elephant in the room: the distinctiveness of geographical indications

2021 ◽  
Vol 11 (1) ◽  
pp. 25-46
Author(s):  
Song Xinzhe
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Not Given ◽  
Traditional Concept ◽  
Trademark Law ◽  
Protection Mechanisms

The term ‘distinctiveness’ is used in trademark law to refer to the capacity of a trademark to distinguish the goods of one undertaking from those of other undertakings. The importance of this concept can be seen in Article 15 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which provides that any sign having distinctiveness shall be capable of constituting a trademark. Gradually, ‘distinctiveness’ has come to be used to describe the distinguishing capacity of other distinctive signs, including geographical indications (GIs). This article explores the distinctiveness of GIs. It begins with a discussion of the meaning of GI distinctiveness in the different GI protection contexts to reveal its particularity compared to the traditional concept of trademark distinctiveness. The second part of the discussion shows, however, that the concept of GI distinctiveness is not given sufficient importance in the protection of GIs, and is confused with the distinctiveness of collective or certification marks. This article therefore calls for an approach that recognizes the importance and the particularity of the distinctiveness of GIs in the design of GI protection mechanisms.

scholarly journals The Urgency of Trademark Registration for Business Actors (Case Study of Supreme Court Decision No 575 K / Pdt.Sus-HKI / 2020 Between Ruben Samuel Onsu vs PT Ayam Geprek Benny Sujono)

2020 ◽  
Vol 10 (2) ◽  
pp. 250-259
Author(s):  
Nurhani Fithriah
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Geographical Indications ◽  
Trademark Law ◽  
Business People ◽  
The Supreme Court ◽  
Trademark Registration

Brand registration is very important for business people. A brand is one of the distinguishing entities between the business activities of business actors. The problem occurs when business actors already have a trademark which is then well known in the community but in fact they have not registered the trademark, as experienced by Ruben Samuel Onsu with his Geprek chicken business. However, in its development, it turns out that there are other business actors using the same mark but have registered the mark. This research was conducted using a normative method through a statutory approach and concepts. This research examines the Supreme Court's decision rejecting the appeal from Ruben Samuel Onsu and analyzes the urgency and procedures for trademark registration. Based on the research results, trademark law in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The terms and procedures for application for registration of a mark are regulated in Article 4 - Article 8 and further regulated in the Regulation of the Minister of Law and Human Rights No. registration of a mark and being recognized as the legal owner of the mark and rights to the mark are obtainedafter the mark is registered. Ruben Onsu's Bensu mark was declared invalid because Ruben Onsu was not the first party to register the mark, and the Supreme Court decided to cancel all trademark applications made by Ruben Onsu.

scholarly journals THE LEGAL POLITIC OF REGULATION FOR TRADEMARK REGISTRATION SYSTEMS IN INDONESIA

2021 ◽  
Vol 4 (1) ◽  
pp. 70-81
Author(s):  
Darwance Darwance ◽  
Sudarto Sudarto
Keyword(s):  
Geographical Indications ◽  
Trademark Law ◽  
Trademark Registration ◽  
Colonial Government ◽  
Current Marks ◽  
Dutch Colonial

The development of brand functions which was originally only as a distinguishing element to be more of a reputation, to be the brand that is usually represented by the image, logos, etc., resulting in a brand being one of the triggers for a dispute. Therefore, a number of regulations that provide protection for marks have been issued in Indonesia started with the Trademark Law of 1885 published by the Dutch Colonial Government until Law Number 20 of 2016 concerning Current Marks and Geographical Indications. But, trademark disputes still occur. This juridical normative research with a legal approach aims to know and analyze the legal politics of trademark registration regulations in Indonesia. The result is that there are weaknesses in the existing regulations regarding trademark registration, both substantial and procedural. Therefore, they need to be clearer and more concrete regulations in regulating trademark registration in Indonesia so that trademark disputes can be minimized.

scholarly journals Perlindungan Hukum Terhadap Produk Indikasi Geografis dari Tindakan Peniruan

2019 ◽  
Vol 8 (1) ◽  
pp. 49
Author(s):  
Anak Agung Ngurah Tresna Adnyana
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Legal Protection ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Certainty ◽  
Empirical Law

Legal protection of Geographical Indications is necessary to determine whether there are communal or collective people. The communal community character means to belong to the community in the registered Geographical Indication area. This study aims to analyze legal certainty as well as the legal protection of product geographical indications of imitation actions. This research uses empirical law research method. In this case, the authors find that the TRIPs Agreement (Trade-related aspects of Intellectual Property Rights) and the act no 20 of 2016 concerning Trademarks and Geographical Indications are terms used to register. Perlindungan hukum terhadap Indikasi Geografis sangat perlu di perhatikan karena karakter kepemilikannya yang kolektif atau komunal. Karakter kepemilikan yang komunal memiliki arti menjadi milik bersama semua masyarakat dalam wilayah Indikasi Geografis yang telah didaftarkan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum produk indikasi geografis dari tindakan peniruan. Dalam penelitian ini metode yang digunakan adalah metode penelitian hukum empiris dengan menggunakan pendekatan perundang-undangan. Dalam penelitian ini penulis menemukan bahwa TRIPs Agreement (Trade Related aspects of Intellectual Property Rights) dan Undang-Undang 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis mengatur secara khusus perlindungan bagi produk indikasi geografis yang telah didaftarkan.

scholarly journals Enforcement of intellectual property rights within the scope of the TRIPS agreement (trademarks and geographical indications)

2021 ◽  
Vol 2 (5/S) ◽  
pp. 532-540
Author(s):  
Temurbek Mukhammedov ◽  
Iroda Yakubova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Geographical Indications

The article analyses the certain provisions of the TRIPS agreement related to the enforcement of intellectual property rights, in particular trademarks and geographical indications by giving legal commentaries as well as by comparing with the existent civil and civil-procedural laws of Uzbekistan.

Ch.6 Trademarks

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Trademark Law ◽  
Paris Convention

This chapter addresses Section 2, Part II, of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement, which relates to trademarks. In addition to the substantive rules contained in said section, the Agreement incorporates provisions to ensure the enforcement of rights (Part III) and, particularly, procedures to be followed by customs authorities with regard to counterfeit trademark goods (Part III, Section 4). This section significantly strengthens the rights of trademark owners as compared to those available under the Paris Convention. The main innovation brought about by the TRIPS text in the trademark area probably relates to the expanded protection conferred on well-known trademarks. Another area of potential significant impact is the limitation and conditions imposed with regard to the use requirement to maintain registration, and the flexibility accorded to assign trademarks unrelated to the respective business. The enforcement rules in Part III are likely to be, however, the most significant components of the Agreement in terms of impact on trademark law.

scholarly journals LEGALITAS MEREK DAGANG DAN KEMITRAAN USAHA PADA UNIT PERDAGANGAN BUMDES NIAGARA

2019 ◽  
Vol 6 (2) ◽  
pp. 111
Author(s):  
Trisa Nur Kania ◽  
Latifah Adnani
Keyword(s):  
Community Service ◽  
Research Method ◽  
Real Life ◽  
Geographical Indications ◽  
Business Partnerships ◽  
Trademark Law ◽  
Business Partners ◽  
Trademark Registration ◽  
Business Contract ◽  
Insight Into

Law Number 20 of 2016 in Indonesia regulates brands and geographical indications (hereinafter referred to as Trademark Law). For businesses, making an effort to legalize the brand of the products/services they sell is important, even though in reality, many business actors do not understand this. This study aims to find out, analyze and provide insight into knowledge and understanding of businesses about the importance of a product being given a trademark and legally legalized through trademark registration to the state. Other than that, the other purpose of this research is to provide business partners with an understanding of business partnerships. The research method uses case studies with the consideration that the focus of the research is on contemporary (present) phenomena in the context of real life. The results showed that the business actors did not understand the rules relating to trademark design and procedures for trademark registration and did not understand the business contract with business partners. Therefore, in order to help solve the problems faced by business actors, the community service activities are carried out in stages, namely: provide counseling on regulations and laws related to trademark and assistance in the procedure for trademark registration, as well as assistance in making business contracts with business partners.

scholarly journals PENDAFTARAN MEREK ASOSIASI SEBAGAI MEREK KOLEKTIF (KAJIAN TERHADAP ASOSIASI RAJUT INDONESIA WILAYAH JAWA TENGAH)

2017 ◽  
Vol 2 (1) ◽  
pp. 109
Author(s):  
Yudhitiya Dyah Sukmadewi
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Research Method ◽  
Empirical Approach ◽  
Geographical Indications ◽  
Central Java ◽  
Directorate General ◽  
Trademark Registration ◽  
Collective Marks

<p>This study examines the registration of collective marks owned by the<br />Association of Knitting Indonesia Central Java (Java ARI) on the knitting craft<br />products manufactured and marketed independently. In addition, the assessment<br />conducted on the mechanism of collective trademark registration in the relevant<br />institutions. The research method used juridical empirical approach. Juridical<br />aspect is based on Law No.20 of 2016 on Marks and Geographical Indications<br />and related legislation, while reviewing the empirical aspects of the business<br />activities carried on ARI Java. The results showed that ARI Java brand label have<br />met the brand element that can be registered as a collective trademark<br />registration with domicile at the Directorate General of Intellectual Property of<br />the Ministry of Law and Human Rights in Central Java.</p><p> </p>

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