The Intellectual Property Protection In The Exploitation And Utilization Of Jiyuan Rubdosia Rubescens Hara

The issue of agriculture, rural areas and farmers has always been a fundamental problem of China's reform and open up. The intellectual property protection is also the focus of all sectors of the community. By strengthening the innovation and the protection of intellectual property rights, and producing a number of competitive products, we can increase the income of farmers, adjust the rural industrial structure ,and develop the rural economy. However, for the intersection of the two issues, the theory research is week, and there are also many loopholes in the practice, which affect urban and rural development.This article is an empirical research report about the impact of intellectual property on the three rural problems. As a valuable resource of Chinese herbal medicine, Jiyuan Rubdosia rubescens Hara is a typical herbal medicine with good quality and rich resources in China. Besides, the protection of the intellectual property rights has great significance in the development and utilization of Jiyuan Rubdosia rubescens Hara.According to the materials gained from the investigation and the related theory, the article analyzed the problems in the process of the industrialization of Jiyuan Rubdosia rubescens Hara: the low level in the market recognition and commercialization of Rubdosia rubescens Hara products. Meanwhile, through the analysis of the protection of genetic resources, patent, geographical indications, trademarks and other existing methods, the article summarized the problems in the protection of the intellectual property rights: the imperfect legal system, the absent role of government, the weak enterprises innovation, the leaky profit sharing mechanism, and the poor protection of genetic resources, etc.To solve these problems, the article constructs the three-dimensional intellectual property protection system for Jiyuan Rubdosia rubescens Hara, the clue of which is the protection of protection of Rubdosia rubescens Hara genetic resources, and the main body is patent protection. What's more, use the trademark and the geographical indication institution to support this system, with the protection of commercial secrets and copyright as a supplement. Finally, the protection system needs coordinate operations of other protection methods, such as the cooperative innovation of industry, university and research institute, and the mechanism of benefit-sharing for all the related subjects. Through all of these means, the protection system has been established, which includes the comprehensive use of various protection methods.