10 February 2022

CIIR welcomes PhD Jianaer Zainula

Jianaer is financed by the Chinese Research Council and will be writing a PhD-thesis on Geographical Indications as seen from Chinese and EU perspectives.

My research is on the legislative techniques and system choices in the protection of geographical indications between the EU and China.

Taking into account China's legislative costs and policy guidance, and specific national conditions, a more realistic choice is to establish a protection system that is coordinated and coexisted with the Sui Generis protection Systems as the main and trademark law protection as the supplement. Although the two systems are impossible to be compatible, different types of geographical indications can be protected through the division of functions between the Sui Generis protection Systems and private law represented by the "Trademark Law". The European Union’s geographic protection system and the domestic laws of EU member states have a lot of reference for China in this regard.

In terms of legislative technology, I want to analyze how the EU's geographic indication protection system connects many regulations and other laws. and how to maintain the unity of concepts, terminology and system design. In terms of conflict resolution between different systems, analyze and learn how EU members combine the Sui Generis protection Systems and domestic trademark laws to protect different types of geographical indications. The EU's experience in this area is beneficial to eliminate the adverse effects of China's protection of GIs due to the existence of two protection systems. Therefore, reasonable suggestions can made for China to formulate the special law protection, and it can provide legal support for the practice of using geographical indications to promote regional economic development in China.