地理标志及原产地名称等相关概念的探究

The Relationship among Geographical Indications,Indications of Source and Appellations of Origin

地理标志是世贸组织《与贸易有关的知识产权协定》和我国修订后商标法的重要概念之一。应从国际和国内两个视野,对地理标志及原产地名称等相关概念的内涵、外延及相互间的属种关系进行深入地探究,澄清当前在此问题上的一些模糊界定。我们认为,地理标志是居于来源地标识(上位概念)和原产地名称(下位概念)之间的中位概念。

The concept of Geographical Indications is important in both TRIPS of WTO and the newly amended China Trademark Law. We should attempt to explore the relationship among Geographical Indications, Indications of Source and Appellations of Origin in order to find out the correct intensions and extensions of each concept. By clarifying some vague ideas concerning the three concepts, We arrive at the conclusion that Geographical Indications is a concept located between Indications of source (superordinate concept) and Appellations of Origin (subordinate concept)