On Protection Of Geographical Indications And Promotion Of Zhejiang Geographical Indications Enforcement System

Since Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) definitely regarded geographical indications as its protecting object as well as traditional intellectual property rights (such as copyright, patent and trademark), geographical indications and its related issues have been a hot topic in the Intellectual Property Society at home and abroad. However, there are a few numbers of in-depth studies on that topic and big difference related to the perspective of the researchers. Due to the short history of research and legislation in China, there are a number of controversial legal issues related to protection of geographical indications.Through different concept,nature and character of geographical indications, as well as the bases of investigating the history of international protection of geographical indications and the present situations of states domestic legislation, this study analyses the present situation of the protection of geographical indications in China, especially the distribution and registered situation of geographical indications in Zhejiang province - a major province of Chinese geographical indications. Moreover, this study aims at providing advice and help to solve the present problems in legal protection of geographical indications in Zhejiang province through discussing the protecting of geographical indications and related issues. Within the brand of geographical indications, it is not only helpful for solve problems facing agriculture, rural areas and farmers, but also enhance to promote products of zhejiang province in the international market competitiveness and value-added, it remains a driving force to protect geographical indications of zhejiang province, it has important factor in the economic path of intensive development of science. Overall, this study has a very important theoretical and practical significance.This study can be divided into three parts, totally in six chapters. Firstly, it conducted to introduce the concept of geographical indications, nature and characteristics of the basic content of the overview. Secondly, from the international conventions, national laws as well as the status of our country's legislation and judicial practice on the protection of geographical indications were analyzed. In addition,it detailed description and analysis the status of the protection of geographical indications. This section includes the body of the second, third, forth, fifth chapters. The last part is the countermeasures and suggestions to strengthen and improve the protection of geographical indications of Zhejiang Province.The first chapter is a summary of geographical indications protection, including the evolvement of concept, the nature and the character. It mainly emphasizes on the evolvement of concept and the legal property. From the aspect that geographical indication owns more limitation than other intellectual property objects, the author regards its legal property is a private right with a strong public right color.The second chapter introduces several international treaty of geographical indication protection and analyses the legislative forms and present situation of geographical indications protection among different states domestic laws. Countries all over the world are striving to perfect the system related to domestic geographical indications protection. It is necessary for us to learn and use the experience of other countries for reference because the research and legislation related to geographical indication protection in our country are deficient.The third chapter briefly introduces the present legislation situation of geographical indications protection in China. The status of legislation to protect geographical indications in China was based on "Trademark law & Product of geographical indication protection provisions& Agricultural Geographical Indications Regulations" mainly, the product quality law, anti-unfair competition law and consumer protection law, the legislative style was supported.The fourth chapter introduces the registered situation and distribution situation of geographical indications in Zhejiang province and analyses the issues in protecting geographical indications here. At present, here are several problems of protection of geographical indications for Zhejiang Province. Firstly, lack of scientific on the protected areas of geographical indications scope. Secondly, weakness sense of protection. Third, the lack of brand issue and ignore the quality of products. forth, there are serious phenomenons on Misuse of geographical indications, it existence of geographical indications be treated as ordinary phenomena of trademark registration. Finally, small scale production enterprises of geographical indications and other issues.The fifth chapter briefly introduces the related situation of geographical indications in Zhejiang province through analyzing specific cases. This chapter used "Shaoxing Yellow wine", "Longjing Tea" and "Jinhua Ham" as three different examples in order to know the problem on geographical indications and should pay attention to the problem that exist.The sixth chapter is the key chapter with innovative content in this study. It is one of the chapter which can reflect the character of this study. The countermeasures and advice are brought forwards to enhance and perfect protection for geographical indication in Zhejiang Province on the bases of field survey, statistical data and seriously study of Protection for Geographic Indications of Zhejiang Province Resolution Policy (scholar suggested draft). From this study, it needs to focus on the following five areas to strengthen and improve the protection of geographical indications:firstly, to strengthen the construction of local rules and regulations. Secondly, to strengthen of construction industry associations and make full use of that. Third, establish and improve the standard system of geographical indications. Fourthly, implement the brand strategy of geographical indications. Finally is to strengthen international protection of geographical indications in Zhejiang Province.This study highlights and innovates in the following two aspects:First of all, protection of Intellectual property is not only a legal issue, but also a manifestation of public policies. The previous monographs and papers are mostly from the legislative point which is the protection of geographical indications. But in fact, the protection of legislative is only one aspect on geographical indications protection system. Therefore, this study explores on the protection system for geographical indications, and proposed not only to strengthen the legislative, but also to perfect public policies, strengthen law actualization and put protection of geographical indication into practice.Secondly, this study not only attaches importance to academic discuss, but also brings forward solve project to difficult problems in practice of geographical indication protection in Zhejiang province through field survey and specific geographical indication protection cases analysis.