Whither China's protection of geographical indications? A case study of Qinzhouhuang Millet
作者: Zhao Xiaoping
作者单位: 1School of Law of Shanxi University, China
刊名: Queen Mary Journal of Intellectual Property, 2017, Vol.7 (1), pp.25-48
来源数据库: Edward Elgar Publishing
DOI: 10.4337/qmjip.2017.01.02
关键词: Qinzhouhuang Milletgeographical indicationstrademarksgeneric names
原始语种摘要: The case of Qinzhouhuang Millet , which concerns competing legal classifications for this regional product, is to date the only case concerning Geographical Indications (GIs) to have been considered by the Supreme People's Court (SPC) of China. Protection of GIs in China is achieved by multiple regimes, implemented by different agencies. Reminiscent of the Buddhist tale of the ‘blind men and an elephant’, it is like different people touching different parts of the elephant without knowing it as a whole. Similarly, Qinzhouhuang is regarded as a GI by some, others consider it to be a trademark, while a third opinion views it as a generic name. This is also reflected in the contradictory findings in the SPC's decision, which not only determined that Qinzhouhuang was a generic name, but also...
全文获取路径: EE 

  • China 中国
  • protection 保护
  • trade 买卖
  • national 国家的
  • Millet 
  • particular 细致的
  • hierarchy 分级
  • consider 仔细考虑
  • prioritize 列入优先
  • competing 竞争