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The Study Of Legal Problems Of Geography Indication Protection And Development In The Citrus Industrialization Of Our Country

Posted on:2011-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:S Y JiangFull Text:PDF
GTID:2166330302455121Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Geography indication is an important agricultural intellectual property rights, and as an important constitution of agricultural intellectual property rights the geography indication of citrus is play a more and more vital role in the agricultural economic development. China has been the traditional citrus planting country, so it has unconventional abundant resource and advantaged superiority in citrus'geography indication. However, no less than other geography indication of agricultural produce, the citrus'geography indication also roots in the specifically natural condition and cultural surroundings of citrus producing area, and shows the character and style of this special commodity which come from the deposition of geography environment, and also the citrus'geography indication possess the nature of scarcity and tremendous value, therefore, it is very important to protect and develop citrus'geography indication(of course, protecting, developing citrus'geography indication and creating exerting managing citrus'geography indication efficiency is an organic whole and tight affiliation).Along with the Chinese modern change of agriculture, industrialization has become a trend, and turn into a consequence phase of agricultural economic development. Based on this background, it can be a sort of breakthrough, deploitation and innovation to put the research of protecting and developing citrus'geography indication into industry development,and take the protecting and developing of citrus'geography indication as the final aim,and established in the jumping-off point of benefit and benefit mechanism. Beyond all doubt, this view of investigate and the transform of cut-in as the time of get rid of traditional research methodology, it also brings very big difficulties and challenges to writer's study. But, from another sense, writer would like to take an effective attempt just as a forthgoer.Firstly, it is from the basic theory of protecting and developing geography indication in citrus industrialization to progress research.Under the whole background of citrus industrialization development, it is necessary to make clear of the relationship between citrus industrialization and the protecting and developing geography indication in the dynamic development process of citrus industrialization. It also must definite the background of protecting and developing geography indication in citrus industrialization, the concept and essence of geography indication and the compare of correlated notion, as well as the community and community participation theory, the benefit and benefit mechanism,the theory of benefits equity and the agricultural industry economy theory. Furthermore, the fundamental, meaning and function of protecting and developing geography indication in citrus industrialization is also must be definite at the beginning.Secondly, Hubei province by the way of one of most important citrus producing area in south China, has centuries-old planting history of citrus and more mature development status of citrus industry. Therefore, the demonstration part of this paper takes Hubei province as research exemplify, through the manner of investigation and questionnaire, and makes an review of developing status and citrus geography indication of citrus industry development of Hubei province. It mainly diagnoses some aspects of the recognize degree of geography indication itself, the participation degree of geography indication protecting and developing, the effects and functions of geography indication protecting and developing, the problems and reasons of geography indication protecting and developing, and the relief manners of geography indication protecting and developing in citrus industrialization. The obvious problems which exist in the protecting and developing geography indication in citrus industrialization of our country are only paying attention to the industry protection but overlooking development in the process of protecting and developing geography indication in citrus industrialization, lacking of embodiment community participation,collective sharing and exerting the function of benefits mechanism sufficiently in the process of protecting and developing geography indication in citrus industrialization, absence of the interest equity and considering the current benefits and long-term benefits in the system theory of geography indication protecting and developing in citrus industrialization, and the specific system is also exist limitations, and the countermeasure of geography indication protecting and developing in citrus industrialization is faultiness.Thirdly, the outer comparative research part stressed reviewed the concernment international treaties and the practice complexion of protecting and developing geography indication in citrus industrialization of represent countries like USA.,England, Japan, Germany and etc. It is through the comparative analyze of protecting, developing and practicing situations of geography indication in citrus industrialization of inner and outer countries; finding the difference between China and other countries;and then inspiring us that the orientation of protecting and developing citrus geography indication pattern must be established in protecting overweight developing;must give prominence to cultivate and participate the main parties, community sharing, and exert the functions of benefits mechanism; must pay attention to the beneficial protecting and equity in the system of geography indication protection and development in citrus industrialization; and the countermeasure of geography indication protection and development must consider the developing demands of industrialization; which concludes constructing the industry developing chain, recomposing the structure pattern of industry production, realizing the industry transform and upgrade in geography indication protection and development.Fourthly, the law system design of citrus geography indication in our country must base on country situation, seek truth from facts, on the base of realizing our country's actuality sufficiently, and colligate the experiences and inspirations of other countries, then make a reasonable choice.On the base of definition the pattern of protection and development suit for our country, it need to explore seeking to establish the linkage pattern of multielement parties which dominated by government agency; and the pattern of benefit mechanism realization in the industry development; and the pattern of community participation which supported by community. Besides, it is must consummated from the system of register and authentication of citrus geography indication before the industrialization, and the system of standardization of citrus geography indication during the industrialization; and the punishment and supervision system of citrus geography indication after the industrialization.Fifthly, the countermeasure of geography indication protection and development in citrus industrialization must process in these aspects, establishing the programming of geography indication protection and development in citrus industrialization, boosting the recognition of geography indication protection and development in citrus industrialization, providing the elements of geography indication protection and development in citrus industrialization, supporting the strategy of geography indication protection and development in citrus industrialization, which including brand strategy and international strategy, and decontaminating the environment of geography indication protection and development in citrus industrialization.
Keywords/Search Tags:citrus industrialization, geography indication, benefit mechanism, community participation, protection and development, rights Balance
PDF Full Text Request
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