Chapter 1 of the research commences by detailing the significance and background of the study, followed by setting clear objectives and key research questions. The methodologies adopted involve a combined approach of comparative law and doctrinal research.
Chapter 2 delves into the historical origins and foundational aspects of GIs. It evaluates the core elements while scrutinizing the restricted elements within the GI concept. A comprehensive literature review encompassing academic articles, legal literature, and policy documents establishes a theoretical foundation for analyzing GIs.
Chapter 3 consists of a comparative study on the protection of GIs in international agreements, the EU, and China, focusing on product and origin limitations within GIs. This involves dissecting legal frameworks, institutional backgrounds, and definitions, and culminates in a detailed analysis of core and limiting elements within each system. Representative cases are examined to elucidate these concepts and their implications in EU and Chinese practice.
The final Chapters utilize doctrinal methods for an in-depth analysis of the PDO and PGI concept. The PDO Chapter scrutinizes the historical evolution, the 'Terroir' concept and the sui generis proposal of the EU adopted by Regulation 2081/92. Policy analysis and case studies further explore the relationship between natural and human factors in PDO. The PGI Chapter explores the historical development, the reputation as a key limiting element, and includes policy analysis from the 1991 EU proposal. Detailed case law analyses assess how courts handle reputation limitations in PGI.
In conclusion, this research synthesizes the complex GI concepts and limitations and provides insights into legal amendments and institutional reforms regarding GIs in China and the EU. The combined methodologies of comparative and doctrinal approach offer a comprehensive understanding of the core and limiting elements of GIs, making significant contributions to the legal discourse on geographical indications and their application across varied legal systems.
