독일에서의 지리적 표시의 보호

• 영문명: The Protection of Geographical Indications in Germany
• 발행기관: 세창출판사
• 저자명: 김병일(KIM, Byungil)
• 간행물 정보: 『창작과 권리』2007년 겨울호 (제49호), 49~76쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.01

영문 초록

The protection of geographical indications of source in the WTO/TRIPS is still far from a solution acceptable to all Member States. Unless special regulations of national or European law or bilateral agreements apply to specific product categories, German law grants to geographical indications an essentially unfair competition protection which has been entered into the Trademark Act in force since 1 January 1995. Simple geographical indications are protected against misleading use as to their geographical origin. Qualified geographical indications are protected in addition against misleading use as to the quality of the designated goods or services. The protection of geographical indications with a particular reputation (appellations of origin) extends to all cases of exploitation of and prejudice to such reputation. Geographical indications may also be protected under trademark law, i.e. as collective marks and, in case they have acquired secondary meaning through use, as individual trademarks. In this paper, I have studied the roles of German Trade Mark Law in substantial ways and the scheme to improve the protection system for geographical indication.

목차

Ⅰ. 서언

Ⅱ. 독일에서의 지리적 표시의 보호

Ⅲ. 결어

참고문헌

Abstract

키워드

지리적 표시 원산지명칭 상표 단체표장 TRIPS 협정 Geographical Indication. Appellation of Origin Trademark Collective Mark FTA TRIPS Agreement