The establishment of a unified geographical indication(GI)system in China should aim at protecting the interests of producers,operators and consumers,ensuring the quality of featured products and promoting the economic development of featured products.As the defining mechanism of the object of rights,the constituting elements of GIs play a fundamental role in ensuring the realization of the system's purpose.Combining international conventions and drawing on foreign experiences,it analyzes the objectivity and diversity issues in the identification of constituting elements of GIs.The quality features of products are stable and evolutionary,and their identification should be objective and reflect diversity.As a feature of GI products,reputation should be understood from the perspective of its relationship with product quality.The concept of"indication"in GIs should adopt the open-ended provisions of the TRIPS Agreement.The natural or human factors of origin,the geographical scope,and the quality characteristics of products are the three interactive constraints.In the determination of the constituting elements of GIs,the full participation of producers,operators and relevant product experts should be guaranteed to ensure the objectivity of identification and better protect the interests of relevant parties.
geographical indicationsGI productsconstituting elements of GIsunified legislation on GIs
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NSTL
万方数据
维普
