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原产地保护是一项在国际上已有一百多年历史的工业产权制度,在保障以某些知名商品为代表的地域产业经济良性发展和维护有序的知识产权市场化方面发挥着巨大作用。由于长期以来未建立起一套成型的原产地保护制度,我国在原产地名称上屡遭假冒、抢注等侵权。TRIPS协议明确将原产地名称(地理标志)纳入了法律的保护。因此,中国在原产地名称保护方面势必要加强力度,在立法模式、具体操作等问题上,应采取一些必要措施。
Protection of origin is an industrial property system that has a history of more than 100 years in the world. It plays an important role in guaranteeing the sound development of the regional industry represented by certain well-known commodities and maintaining an orderly marketization of intellectual property . Due to the long time since it has not set up a formed system of origin protection, China has repeatedly been infringed on the appellations of origin by counterfeiting, cybersquatting and so on. The TRIPS Agreement explicitly includes the appellation of origin (GI) in the protection of law. Therefore, it is imperative for China to step up its efforts to protect the appellations of origin. Some necessary measures should be taken on such issues as the legislative model and specific operational issues.