地理标志法律概念解读

The Legal Interpretations of Geographical Indications in terms of Law

地理标志是一个历史概念,对地理标志概念的理解,要结合与其具有深厚历史渊源的货源标记和原产地名称这两个概念进行全面辨析。在严格区别货源标记和地理标志两概念的前提下,应对地理标志做广义理解,即地理标志既指《里斯本协定》下的原产地名称,又指TR IPS协定中的地理标志。

＂Geographical Indications＂ is a historical concept. The understanding of this concept could be achieved by comprehensive differentiation and analysis of indication of source and appellation of origin, with which geographical indications maintain historical continuity. Geographical indications are supposed to be interpreted broadly on the premise of strict distinguishing the two concepts of geographical indications and indications of source, that is to say, geographical indication refer not only to appellations of origin described in Lisbon Agreement, but to indications under the TRIPS Agreement