Legal Protection Of Agricultural Geographical Indications

The agricultural Geographical Indications is important intellectual property rights. As the traditional farming civilized great nation, our country has the rich resources and the advantageous superiority in the agricultural Geographical Indications. Along with agricultural modernized reforming, the agricultural Geographical Indications acting all the more important role in international trade, the agricultural Geographical Indications has the special significance to the Chinese farmers. Agricultural Geographical Indications is the concept which appeared when the product of agricultural Geographical Indications has had good prestige, which after appearing false and fraudulence free travels by vehicle phenomenon, only then produces which lag after the quality control of agricultural Geographical Indications, therefore, strengthens to the agricultural Geographical Indications protection is getting more and more essential and urgent. The agricultural Geographical Indications is the lower position concept of Geographical Indications, the related indications of Geographical Indications is suitable for the agricultural Geographical Indications. But the agricultural Geographical Indications has unique individuality.This first part is elementary theory of the agricultural Geographical Indications. This part prescribes the definitions of agricultural Geographical Indications: The agricultural Geographical Indications refers to symbolizes which agricultural production operator using on the agricultural product, indicates that the agricultural product originating from some region, because this agricultural product's specific quality, the prestige or other characteristics, mainly decided by this region's nature element or humanities element. The agricultural Geographical Indications' characteristic mainly displays in: The majority object of Geographical Indications is the agricultural product, the agricultural Geographical Indications is the primary coverage of agricultural Geographical Indications; The physical geography factor symbolizes the decisive function to the agricultural Geographical Indications; The agricultural Geographical Indications mainly using on the primary agricultural product and the preliminary working agricultural product. This part has made discrimination to agricultural Geographical Indications and the related concept, pointed out that the agricultural Geographical Indications is different to the non-agricultural Geographical Indications and the agricultural trademark in the concept, the characteristic and the protection management. This part also studied agricultural Geographical Indications as cultural heritage and founded its' cultural significance.The second part is the Comparison test research of agricultural Geographical Indications. First of this part summarized several typical nations' legal regimes of agricultural Geographical Indications: France, Germany, US, European Union and China. Different countries had different manners and different legal regime in the protection of agricultural Geographical Indications. Then the article made comparison test research to the trademark law pattern, the special method pattern and the Two-track system pattern. This part also made comparison test research to the general protection and the strong protection of agricultural Geographical Indications.The third part is the research to our country's protection to agricultural Geographical Indications. This part discussed the necessity of the protection to the agricultural Geographical Indications: Along with agricultural modernized reforming, the agricultural Geographical Indications has more and more important status in the international trade, China is a large agricultural nation which has the self-benefit in the agricultural Geographical Indications. At present China take the two-track system protection to the agricultural Geographical Indications, namely the trademark law protection formulated by the Trademark Bureau of National Industry and commerce Administrative bureau, and the special method protection formulated by National Quality testing Bureau. This kind of two-track system's protected mode has the very big malpractice, must perform the conformity. This article has then made the critique to the present special method protection, subsequently pointed out that the collective trademark and the certification mark have the crack to the protection of agricultural Geographical Indications, the collective trademark and the certification mark are different to the agricultural Geographical Indications in the right's nature, the right's subject, the right's exercises, so the agricultural Geographical Indications cannot integrate the collective trademark and the certification mark.The fourth part is the construction to the agricultural Geographical Indications. This article considering that the special method protection to the agricultural Geographical Indications is not suit our country, the author suggest that using our country's quite mature trademark legal regime to protect the agricultural Geographical Indications. We must carry revision on the present trademark law, clear about the independent status of Geographical Indications in the trademark law and formulate the corresponding protection system. After established the protection system on the agricultural Geographical Indications, we may seek the protection of agricultural Geographical Indications in this frame. We must solve four questions: property right's nature of agricultural Geographical Indications, the main body of agricultural Geographical Indications, the engagement of agricultural Geographical Indications' domestic protection and the international protection as well as the Coordination of agricultural Geographical Indications and other trademarks. The protection of agricultural Geographical Indications contains several concrete systems: Registration system, quality surveillance system and profession association system. This article thought that the agricultural Geographical Indications is private right that has subject of plural number; the operator in the region is the owner of agricultural Geographical Indications. The trademark Control section must act as the management main body of the agricultural Geographical Indications which play the role of Examination and authorization to the registration application and the supervision to quality. Established profession association of agricultural Geographical Indications, concentrates on the behalf of the operators in the region of agricultural Geographical Indications, and fulfillment responsibility to current management and maintenance of agricultural Geographical Indications.