論我國商標法對著名地方特色產業之保護

• Main Author: 何姿穎
• Other Authors: 陳文吟
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/15678948998858044485

碩士 === 國立中正大學 === 財經法律系研究所 === 105 === Taiwan has a long history, rich and varied natural environment, which meets the conditions of shaping the local special industries. With developing for a long time and the government carrying out "One Town One Product " movement since 1989, there are at least 346 well-known local industries in our country. They can not only inherit the local culture or traditional skills but also help stabilize the local economy and society. In short, they play an indispensable role to revive and prosper the local economy. Hence, it is necessary to provide them with protection. Due to the common characteristics of geographical indications (GIs) and local special industries, the author dicusses the protection of the origins and the local special industries in the view of GIs. Currently, the main approach to local special industries (including products and service) protection in our country is to register the geographical certification/collective marks. However, not all of them can meet the requirements of the geographical marks, such as Hualien Mochi, Shetou hosiery and Wugu furniture, etc. Mostly, such local special industries are formed by the human factors. In the light of the economic and cultural values of local special industries, the author considers that it is still necessary to provide positive protection for these kinds of local special industries. Japan’s Densan Act protects local special crafts through Densan mark, which aquires the crafts to meet the condition of "becoming origin in a certain region". The EU’s TSG system protects the traditional specialities which include agricultural products and foodstuffs. As long as a product meets the requirements of the traditional specialty, it will be provided with the exclusive right to use the name and the right against any practice liable to mislead the consumer. Both systems have made great success. Therefore, the author concludes that our country should establish a similar legal system, stipulating the requirement of "becoming origin in a certain region" or "providing service in a certain region" so that the local special agricultural products, foodstuffs, crafts and service which can not meet the requirements of the geographical marks will be provided with a direct protection.