我国地理标志立法模式研究

Study on Legislative Pattern of Geography Indications in Our Country

我国目前地理标志立法比较混乱,应采取何种立法模式,学界内争议较大。结合地理标志权属性和我国国情,文章认为,我国应采取商标法和专门法协调保护的立法模式,并辅之以其他相关法律,特别是反不正当竞争法的保护。目前应抓紧修改相关法律,解决实践中已经出现的各种问题。

Presently, the legislation on geography indications in our country is in confusion, therefore, to be bettered urgently. There is great disagreement in academic field on which legislation model should be adopted. Considering geography indications right and our national situation, the coordinate protection of trademark law and specialty law should be adopted, accompanying other subsidiary relevant laws, especially Anti-unfair competition act protection. In present time, we should take time to correct relevant laws and solve the problems occurred in the practice.