Detailed information of origin protection marks (the more detailed, the better)

The protection system of geographical products of origin is the name of our country, and it is also called the protection system of name right of origin or geographical indications internationally. It is an important institutional system adopted by most countries in the world to effectively protect their own characteristic products since the 20th century, and it is also a universal protection rule recognized in the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization. Because China's accession to the World Trade Organization is relatively short, and the understanding of this system is relatively late, the protection of domestic products in the original regions is still in the initial stage of the pilot, so many problems involved need to be carefully and comprehensively studied.

First of all, some basic concepts about the protection system of products of origin

(A) the concept of geographical indications and names of origin and their functions

In the TRIPS Agreement, the intellectual property protection system of geographical indications plays a particularly important role in the international trade of agricultural products. Articles 22-24 of Chapter III of the Agreement clearly stipulate that geographical indications are an independent intellectual property right. TRIPS agreement stipulates: "Geographical indications refer to signs that prove that a product originated in a certain member country or region, or a certain place in the region. Some specific quality, reputation or other characteristics of products can be attributed to geographical sources in essence. " It can be seen that the geographical indications to be protected by the World Trade Organization have three basic points: 1, which must be proved to be the true source of a product (that is, the geographical location of origin); 2. Products must have unique quality, reputation and other characteristics; 3. These unique qualities, reputations and characteristics can all be attributed to a specific geographical location. This definition is the same as the "symbol of the name of origin" mentioned in the Lisbon Agreement on the Protection of the Name of Origin and its International Registration under the management of the World Intellectual Property Organization (WIPO) in terms of intellectual property rights. It means that a specific product originated in a specific region (either a country or a region), and its characteristics are closely related to the geographical environment (including natural factors and human factors). A specific area that meets these basic requirements is called the place of origin. Therefore, it can be concluded that the provisions of the TRIPS agreement on geographical indications are basically consistent with those of the world intellectual property organization on the name of origin.

China's newly revised Trademark Law not only specifically increases the provisions on the protection of geographical indications, but also clearly defines geographical indications: "Geographical indications refer to signs that a commodity originates from a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by natural factors or human factors in the region". It can be seen that the geographical indications defined in China's Trademark Law are basically the same as those defined in TRIPS Agreement, and they are all special geographical indications with the characteristics of origin.

China Bureau of Quality and Technical Supervision issued and implemented the Regulations on the Protection of Products in Geographical Origin in the form of a director's order on March 1 2000. "Country of origin" also has a clear definition:

"Products of geographical origin refer to products produced in a specific area by using raw materials produced in a specific area according to traditional techniques, whose quality, characteristics or reputation essentially depend on the geographical features of the geographical origin and are named after the geographical origin after examination and approval in accordance with these Provisions". Therefore, the name given to this product is the name of origin.

According to the above provisions, the name of origin includes four basic meanings: 1, and the name of origin must actually exist and be a geographical name. It can be the name of a country, such as French liquor, China silk, etc. It can also be the name of a certain area, such as Jinhua ham, Longjing tea, Turpan grapes and so on. 2. It must be a local native product or a product produced by a unique traditional process. For example, Turpan raisin is a unique natural selection grape variety in local history, which is produced by using the traditional processing technology that has been passed down for thousands of years, combined with the unique geographical environment conditions such as soil, climate, temperature, humidity and light. 3. Enjoy a good reputation in domestic and foreign markets, with certain characteristics and quality. 4, the name of the country of origin must be approved by the specific procedures stipulated by the competent department of the state before it can be confirmed and protected accordingly.

As can be seen from the above introduction, China's provisions on origin are basically consistent with the international definitions of geographical indications and origin, and they are three interchangeable concepts.

(B) the concept of the right of name of origin

The so-called name right of origin refers to the exclusive right enjoyed by the producer of a specific commodity in a specific origin or the institution representing it to its name of origin. Among them, "specific commodity" refers to the commodity with specific quality and characteristics determined by the human and geographical conditions of the place of origin, which conforms to the real and stable traditional conditions and enjoys a relatively stable reputation within a certain geographical range. This is a collective exclusive right. The name of origin cannot be monopolized by one person or one enterprise. Where the name of the place of origin is legally registered as a certification trademark by the chamber of commerce, organ or trade association of the place of origin, the chamber of commerce, organ or organization shall enjoy the exclusive right to use the geographical indication; If the name of origin is not registered as a certification trademark, the right of name of origin is a local right. There is no limited protection period for the right to name of origin, which depends on the unique human and geographical conditions of origin. The naming right of origin is unique and may not be transferred to enterprises or individuals producing in other places. Because geographical indications cannot be traded, the right of name of origin has the attribute of non-tradable.

In practice, the right of name of origin is mainly manifested in the right to use and the right to prohibit. The subject of the right to use is the collective use of producers within a certain geographical scope. This is essentially different from trademark rights. The right of prohibition includes not only the prohibition of production enterprises and operators in other geographical areas, but also the prohibition of local products that do not have the characteristic requirements and traditional conditions.

(three) the main protection objects of the protection system for products of origin

According to the definition of product origin in TRIPS Agreement, the characteristics of a product must be "mainly related to geographical origin" before it can be determined as the origin. To a large extent, this involves the unique local natural environment conditions, including climate, soil, water and other factors, and often involves human factors such as traditional crafts in specific areas, so most of the protected objects are products closely related to the natural resources in specific areas. Historically, the product protection system of the country of origin was caused by wine, and then gradually extended to other agricultural products, processed products and handicrafts such as grapes. However, for decades, agricultural products and their processed products (especially alcohol, beverages and various foods) have always accounted for the vast majority of products of protected origin in all countries of the world. Therefore, it can be said that the main object of the protection system of products of origin has always been agricultural products and their processed products. At present, there are more than 1000 kinds of products protected by geographical origin in the EU, most of which are agricultural products and their processed products (mainly food); There are 23 kinds of protected products in France, among which agricultural products and their processed products (such as champagne and cognac) account for the majority.