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      Research on Intellectual Property Right Dispute among Nations: A Case of "China-EU Geographical Indications Dispute over FETA Cheese" and Implications for North Korea

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      https://www.riss.kr/link?id=A106180342

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      다국어 초록 (Multilingual Abstract)

      According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under World Trade Organization(WTO), geographical indications(GIs) is one of the intellectual property rights. As an important intellectual property, GIs not only have economic value, but also play a significant role in terms of the culture of a region, a nation, and even a country. Therefore, the European Union(EU) takes the intellectual property strategy as an important international conversation, especially the protection of GIs. The 2017 China-EU Bilateral Agreement on GIs has completed the thirteenth round of negotiations.1)This negotiation has also provided many new perspectives for China's geographical indication system. 2)Both China and the EU have a long history and culture.
      Moreover, there are many high-quality and high-reputation on geographical indication products. At the same time, 3)China and the EU face many challenges in the protection of geographical indication products. 4)For example: Why is there a difference in the concept of geographical indication protection in China? Why are Chinese consumers less aware of GIs? And how can Chinese geographical indication products easily enter into the EU market? This paper compares the geographical indication protection legislation and practice between China and the EU, and analyzes the disputes of the EU and China on the protection of GIs in 2017 with respect to the case of “FETA cheese”, and study the case of “FETA” cheese in the 2002 of EU dispute of GIs. This paper points out the differences between disputed cases of geographical indication protection between China and the EU, and the geographical indication products of China on how they easily enter the EU market and enjoy the same preferential policies as the European Union's geographical indication products offer inspiration and strategic advices. North Korean- South Korea summit on April 27, 2018 and the upcoming US-North Korea summit on June 12, 2018 can be seen that North Korea currently needs economic and market development. The solutions of dispute cases through the analysis of GIs in China and Western countries will provide considerable help and inspiration for the development of North Korea’s future economic market.
      Currently, on the occasion of the North-South Summit and the North Korea-US Summit, a study of the case of China is considered extremely valuable for North Korea at a time when South Korea and North Korea are attempting to become one state. We hope that this research will trigger further studies on North Korea's changes.
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      According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under World Trade Organization(WTO), geographical indications(GIs) is one of the intellectual property rights. As an important intellectual property, GIs not o...

      According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under World Trade Organization(WTO), geographical indications(GIs) is one of the intellectual property rights. As an important intellectual property, GIs not only have economic value, but also play a significant role in terms of the culture of a region, a nation, and even a country. Therefore, the European Union(EU) takes the intellectual property strategy as an important international conversation, especially the protection of GIs. The 2017 China-EU Bilateral Agreement on GIs has completed the thirteenth round of negotiations.1)This negotiation has also provided many new perspectives for China's geographical indication system. 2)Both China and the EU have a long history and culture.
      Moreover, there are many high-quality and high-reputation on geographical indication products. At the same time, 3)China and the EU face many challenges in the protection of geographical indication products. 4)For example: Why is there a difference in the concept of geographical indication protection in China? Why are Chinese consumers less aware of GIs? And how can Chinese geographical indication products easily enter into the EU market? This paper compares the geographical indication protection legislation and practice between China and the EU, and analyzes the disputes of the EU and China on the protection of GIs in 2017 with respect to the case of “FETA cheese”, and study the case of “FETA” cheese in the 2002 of EU dispute of GIs. This paper points out the differences between disputed cases of geographical indication protection between China and the EU, and the geographical indication products of China on how they easily enter the EU market and enjoy the same preferential policies as the European Union's geographical indication products offer inspiration and strategic advices. North Korean- South Korea summit on April 27, 2018 and the upcoming US-North Korea summit on June 12, 2018 can be seen that North Korea currently needs economic and market development. The solutions of dispute cases through the analysis of GIs in China and Western countries will provide considerable help and inspiration for the development of North Korea’s future economic market.
      Currently, on the occasion of the North-South Summit and the North Korea-US Summit, a study of the case of China is considered extremely valuable for North Korea at a time when South Korea and North Korea are attempting to become one state. We hope that this research will trigger further studies on North Korea's changes.

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      참고문헌 (Reference)

      1 김현정, "한-EU FTA 발효 이후 한국 내 지리적 표시제 적용 및 변화 분석" 한국세계지역학회 36 (36): 153-177, 2018

      2 고용부, "지리적 표시제도의 의의 및 보호체제 연구" 한국항만경제학회 23 (23): 165-184, 2007

      3 Huang Hui, "Trademark Law" Legal Press 2004

      4 Delphine Marie-Vivien, "The Multifaceted Role of the State in the Protection of Geographical Indications: A Worldwide Review" 98 : 2017

      5 알로이즈 휘터만, "The EU system of geographical indications - an overview" 법학연구원 문화.미디어.엔터테인먼트법연구소 9 (9): 141-174, 2015

      6 Suyu Lu, "The Conflicts of Geographical Indications between Mainland China and Taiwan" Intellectual Property Institute of HHU 2011

      7 MinChiuan Wang, "The Asian conciousness and interests in geographical indications" 2016

      8 Fajie Chen, "International Agricultural Products Geographical Markets Management System and Experience" 45 : 2017

      9 Jinhai Wang, "Governmental Protection for Agricultural Products of Geographical Indications in Jiangxi Province" 2014

      10 "EU Court decision of Justice, decision No. C-289/96, C-293/96, C-299/96"

      1 김현정, "한-EU FTA 발효 이후 한국 내 지리적 표시제 적용 및 변화 분석" 한국세계지역학회 36 (36): 153-177, 2018

      2 고용부, "지리적 표시제도의 의의 및 보호체제 연구" 한국항만경제학회 23 (23): 165-184, 2007

      3 Huang Hui, "Trademark Law" Legal Press 2004

      4 Delphine Marie-Vivien, "The Multifaceted Role of the State in the Protection of Geographical Indications: A Worldwide Review" 98 : 2017

      5 알로이즈 휘터만, "The EU system of geographical indications - an overview" 법학연구원 문화.미디어.엔터테인먼트법연구소 9 (9): 141-174, 2015

      6 Suyu Lu, "The Conflicts of Geographical Indications between Mainland China and Taiwan" Intellectual Property Institute of HHU 2011

      7 MinChiuan Wang, "The Asian conciousness and interests in geographical indications" 2016

      8 Fajie Chen, "International Agricultural Products Geographical Markets Management System and Experience" 45 : 2017

      9 Jinhai Wang, "Governmental Protection for Agricultural Products of Geographical Indications in Jiangxi Province" 2014

      10 "EU Court decision of Justice, decision No. C-289/96, C-293/96, C-299/96"

      11 "Date.2 018/05/19. source get from National Agricultural Product Geographic Indication Information Inquiry System"

      12 SiChen, Jinghua Yang, "Analysis of the Registration and Protection System of Agricultural Products in the EU,Chinese Academy of Agricultural Sciences" 11 : 2012

      13 Yu Hai, "A Study on the Sustainable Development Strategy of Geographical Indication Products under the “One Belt and One Road”–taking Shaanxi Province as an Example" 19 : 2016

      14 Furong Tian, "A Comparative Study of the Conditions for Mutual Transformation between Geographical Indications and Generic Names"

      15 iaobing Wang, "A Comparative Study of Protection of Geographical Indications in China and the EU- From the perspective of negotiating cooperation agreements between China and EU on geographical indications" 3 : 2012

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