Examining the Exercise of Rights and Legal Protection of Geographical Indications from a Semiotic Perspective

Abstract

As a symbol, the concept and function of trademarks also need to be analyzed from a semiotic perspective. The meaning of a trademark in semiotics is the connection between the logo, the product, and the company. The economic attributes of trademarks have become the subject of protection under trademark law and one of the core factors in determining trademark infringement. Therefore, more attention should be given to the derivative function of trademarks. In the process of semiotic interpretation, trademarks need to be contextualized and take into account the social background behind them. The geographical indication system differs from trademarks, as its original elements derived from specific conditions are much stronger than trademarks. The geographical indication system's essence lies in its reliance on geographical factors and their interconnections. However, neglecting this essence poses risks, such as the degeneration into a mere trademark, the blurring of linking factors, and the lack of an exit mechanism. The institutional root of these risks lies in the vague concept of geographical indications itself. Endogenous contradictions exist within the pluralistic system and the instability of the linking factor. To address these risks, it is important to clarify the relationship between geographical indications and trademarks, as well as the linking factor and linking relationship. In terms of exercising authority and providing legal protection for geographical indications, it is necessary to employ semiotic tools to reexamine the theoretical system, acknowledge the original and derivative functions of trademarks, and coordinate and reconcile conflicts of interest while upholding public interests.