Study On Local Legislation Protection Of Geographical Indications Of Agricultural Products In Ningxia

Since the geographical indication is the WTOThe trade related intellectual property rights"(TRIPS agreement) into the protection objects, property rights of traditional knowledge GIS and trademarks, patents, copyright, attention and protection of international level, at the same time, the protection of geographical indications has become each WTO member nations. Since China’s accession to the WTO, the legal protection of geographical indications are more and more attention and strengthen, it has embodied in our country has promulgated various laws and regulations and the relevant rules and regulations in various provinces. China is a large agricultural country, most of the protection of geographical indications products are agricultural products, so the legal protection of geographical indications can be said to be the legal protection of geographical indications of agricultural products. Geographical indications of natural factors and human factors reflect its intrinsic value, highlighting the product (especially the origin and quality of agricultural products), involving the related interest groups and even national economic interest relationship. Therefore, in order to make our geographical indication products to occupy a favorable market in the world, using in addition to the relevant international laws and regulations, the legal protection of geographical indications of agricultural products also needs to be strengthened. China’s legal protection system of geographical indications is from the legislative mode of different nations, the formation of the dual legal protection modes of trademark law and special law. This protection mode for the benefit of agricultural development and farmers’income at the same time, the implementation of the system and the market practice in showing many uncoordinated, and even there are many conflicts, conflict at present in our country there is no relevant laws and regulations to coordinate these system. China’s land area is large, almost every province has more distinct geographical indications of agricultural products. The geographical indication of agricultural products in Ningxia is very rich, in economic policy,. Ningxia’s agricultural economy has achieved good social effect, Ningxia agricultural product geographical indications in which contributed. But the present inconsistent laws and regulations, causing some confusion about the legal protection of geographical indication of agricultural products in Ningxia, especially the rights protection of human rights is not in place. Ningxia is China’s fortress, be richly endowed by nature geographical environment formed a number of geographical indications of agricultural products, how can let these agricultural products in our country’s existing geographical indications to get better protection system, which is the focus of this study. Therefore, the author in the reference of the international, domestic central legislation and local legislation on the legal protection of geographical indications of agricultural products on the basis of practice, the use of comparative analysis method of analysis, diagram method, interdisciplinary research method and empirical, analysis of local legislation of Ningxia agricultural product geographical indications protection.The full text is divided into five parts, the introduction of the research background, the research purpose, significance of the research, the results of previous studies as summarized, finally put forward the innovation of this paper; the first chapter is the Ningxia geographical indication of agricultural products and the protection of local legislation overview, including the concept of geographical indications of agricultural products, features and the Ningxia geographical indication of agricultural products as well as the example, the concept and the significance of the protection of local legislation; the second chapter is the analysis of the practice of the legal protection of geographical indication of agricultural products abroad, including bilateral agreements, regional agreements and multilateral agreements on the practice of legal protection of geographical indications of agricultural products, as well as geographical indications, American, Germany, France, India and Japan and other countries agricultural legal protection practice, and summarizes the practice of geographical indications of agricultural products from Ningxia local legislation; the third chapter is the analysis of China’s agricultural products of geographical indications of central legislation generalization and the analysis of other provinces China, and summarizes the system of geographical indications of agricultural products in Ningxia local legislation to protect the enlightenment; the forth chapter is the focus of this paper, mainly to solve the problem of how to create a geographical indication of agricultural products in Ningxia local legislation, from the geographical indication of agricultural products in Ningxia legal protection present situation and existing problems of starting, the geographical indication of agricultural products in Ningxia local legislation created the conclusion part of the article proposed; summary, put forward the prospects for the future competitiveness of strong domestic and foreign geographical indications of agricultural products in Ningxia.