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A geographical indication, also known as an appellation of origin (or name), is defined in Article 22(1) of the Agreement on Intellectual Property Rights Related to ** (hereinafter referred to as the TRIPS Agreement) as "the indication of a good ** within the territory of a member of the country, or ** in a region or place within that territory, in which the particular quality, reputation or other characteristics of the good are predominantly related to the geographical **". China's revised Trademark Law in 2001 also added provisions on geographical indications, and its Article 16, Paragraph 2 stipulates:
The geographical indication referred to in the preceding paragraph refers to the indication that the specific quality, reputation or other characteristics of a certain commodity are mainly determined by the natural or human factors of the region. "From the TRIPS Agreement and China's Trademark Law, it can be seen that the definition of geographical indication is basically the same: a geographical indication is a sign that indicates that a certain good ** is in the territory of a member party, or a region within this geography, and the specific quality, reputation or other characteristics of the product are mainly associated with the geographical **.
A geographical indication is an indication that indicates the specific quality, reputation or other characteristics of a certain commodity in a certain region, which is mainly determined by the natural or human factors of the region.
If the trademark contains a geographical indication or is identical or similar to a geographical indication, and the goods designated for use are not ** in the region indicated by the indication, which is likely to cause confusion and misunderstanding among relevant consumers, it shall not be registered; However, registration that has been obtained in good faith will continue to be valid.
Section III of Part II of the WTO Agreement on Intellectual Property Rights Related to Intellectual Property Rights (TRIPS) sets out the protection obligations of members with respect to geographical indications.
Definition of a geographical indication under the TRIPS Agreement: "A geographical indication is an indication that a product is located in a Member State or a region or a place within that region." Certain specific qualities, reputations or other characteristics of the product are essentially attributable to the geography**".
A geographical indication is the indication of a specific product**. It can be the name of a country, the name of an administrative division and the name of a region or region that cannot be misidentified.
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The World Organization, in its intellectual property rights agreement, defines a geographical indication as a sign that identifies a product originating in the territory of a Member State or a region or place in that territory, provided that the quality, reputation or other identified characteristics of the product are determined primarily by its place of origin. Therefore, geographical indications are mainly used to identify the origin of a product, that is, the indication of the origin of the product.
Geographical indications are also a type of intellectual property.
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