The Study On The Legal System Of Geographical Indications In China

As valuable intangible property, geographical indications have drawn extensive attentions of all countries since TRIPS has classified it as a kind of intellectual property. With China's 5000-year history of agricultural civilization, the variety of natural climate, geographical condition and the people's intelligence has brought up numerous local characteristic products of which the protection has a great economic meaning to our country. After our country's entry into WTO, the legal system protecting GIS is becoming perfected increasingly, the protection efforts have been strengthened constantly. There is no denying the fact that our achievements are remarkable, we have already realized this advantageous project in the field of intellectual property of our country and begun to make use of it to benefit our country and people. However we can't ignore the existing problems, as the current situation remains troubling. Dispute in rights brought by conflict legislation and overlapping management have become the fetters of china's GIS protection. Therefore, it is necessary to study the GIS protection in our country.By analyzing the legal system of protecting GIS in our country, the author tries to find the effective methods to solve the problems of GIS protection referring to the theory of the intellectual property .This thesis is divided into four parts.Part I , the author introduces the GIS, in order to have a clear understanding to the object, the author compares several concepts similar to GIS. the author explains why GIS is a new type of intellectual property using the knowledge in intellectual property and discusses the reasonable application range and importance of GIS Protection.Part II, the author introduces the china's legal system of GIS protection including the international treaties we joined into and the development history of our country's legal GIS Protection system under the influence of international legislation.Part III, the author discusses the problems of conflict rights, Coincident management brought by legislative repetition, and puts forward some concrete suggestion on the basis of others' research.Finally, in the author's opinion, the fundamental measure is to unify the legislation in order to solve the existing problems of China's GIS protection. By comparing different legislative modes all over the world, the author proposes some ideas for the rational choice and plan of the legislative mode in our country.K...