| Geographical indication is one of the intellectual property rights like trademark, patent right and copyright, all of which are provided protection in The Agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPs") of World Trade Organization ("WTO") by all WTO members. While as a commercial mark for identification, geographical indication not only indicates the geographical surroundings of a commodity, symbolizes special qualities and merits of it, but also represents achievements after creative work and colossal commercial profits behind their qualities and merits, so geographical indication is of great importance not only to the producer but also to the customer. In addition, geographical indication is a kind of intangible property with tremendous economic interest, thus becomes popular among more and more countries. Up to date, geographical indication has been protected for more than one hundred years in many foreign countries. Generally speaking, the legal protective pattern of geographical indication could be divided into three types: Trademark Law Mode, Special Law Mode and Anti-Unfair Competition Law Mode, while TRIPs is the most comprehensive and authoritative international convention on the protection of geographical indication. At present, Chinese legislation on the protection of geographical indication is composed of Trademark Law of PRC and Provisions on the Protection of Geographical Indication Products issued in 2005 by General Administration of Quality Supervision, Inspection and Quarantine of PRC, which is, however, incomplete and with lots of problems. As an ancient civilized country with prosperous agriculture, China is well known for its rich agricultural, sideline and native products, many of which meet the requirements for geographical indication products and has a high reputation. Nevertheless, the imperfection of legal protection on geographical indication has greatly influenced Chinese enterprises to actively participate in the international competition. In order to adapt to the development of economic conditions of China and perform the obligations in TRIPs, in addition, to protect cultural heritage, to further carry forward the traditional culture of Chinese nation and to promote the development of national economy, it is necessary for china to strengthen its protection on geographical indication. This article consists of introduction, text and conclusion, while text is separated into four chapters. The first chapter is the basic theory of geographical indication. The author analyzes the definition and attributes of geographical indication firstly, then compares it with other related concepts, and then expatiates on the significance of geographical indication protection. The second chapter mainly introduces relevant foreign countries'legislation and international conventions for intellectual property protection. The third chapter makes a retrospective study of Chinese legislation of geographical indication from a historic perspective firstly, then uses other countries' legislation experience of geographical indication for reference, high lightly analyzes and compares the Trademark Law Mode and the Special Law Mode, and then on the basis of Chinese national conditions, put forward the suggestion that China should establish a Special Law Protection System for Geographical Indication. In respect of some realistic problems, such as tortuous acts and expressions and its defense, the last chapter makes some proposals so as to perfect the legal protection of geographical indication.
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