Jianaer Zainula

• Presentation

Primary fields of research

Trademark law in China and the EU

Legal protection for geographical indications in China and the EU

Fields of interest

Trademark Law, Geographical Indication, Anti-Unfair Competition Law

Current research

Comparative Study of the Concept of Geographical Indications: link, Limitations, and Legal Practices in International, Chinese and EU Contexts

The thesis extensively explores the concept of geographical indications, specifically focusing on the link between products and places of origin, along with the attendant restricted elements. Through a comparative analysis of how the link and its restrictive elements are articulated in legal frameworks, examination criteria of product specification, and case law in both China and the European Union (EU), a central query emerges: whether natural and/or human factors can function as restricted elements defining the geographical scope of origin under quality or reputation standards.

By scrutinizing the EU's history and attitude to the relationship between natural and human factors in the PDO (Protected Designation of Origin) and PGI (Protected Geographical Indication) systems, along with empirical studies on relevant restrictive elements, the thesis concludes that natural and human factors are indeed restricting elements under quality standards but are not applicable under reputation standards. In conclusion, the paper advocates for a revision of legal concepts in China and underscores the importance of both China and the EU placing greater emphasis on restrictive elements associated with the connection in examination and legal precedents. This emphasis seeks to ensure that the protection scope of geographical indications does not undergo limitless expansion.