The rational basis of geographical indication regulation from an EU/China comparative perspective

Accordingly, doctrinal issues with regard to GI protection should be considered and addressed by reference to its own rules rather than by drawing upon rules applied to the trade mark or unfair competition regimes.<br><br>After exploring the principal models of GI protection in national law and discussing the advantages and disadvantages of each approach in a theoretical context, the thesis focuses on choice of models in the EU and China by tracing the historical development of Gl protection in both parties.

Under the current legal framework of GI protection in the EU and China, the thesis evaluates the rational coherence with regard to two doctrinal issues — qualification and level of protection — in an attempt to clarify the conceptual confusion that surrounds Gls, deal with exceptions to GI protection, and <br>explore the extent to which they should be protected. Based on the theoretical rationales of GI protection, the thesis proposes that a sui generis system designed for GI protection within the intellectual property family, introducing proper state intervention and operating by their own rules is the optimal model of GI protection for China.