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

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.