Autonomous Organization Of Geographical Indications

As one kind of intellectual property rights, geographical indications which have economical value are regarded as immaterial assets. Not only do geographical indications relate to personal benefits, but they also relate to the benefits of uncertain people. Recently, there exist many problems on the protection of geographical indications, and these problems have ruined geographical indications' commercial value and their owners' benefits, doing harm to the benefits of society. How to protect geographical indications from abusing and how to effectively prohibit behaviors of damaging authority with counterfeit have been focused by publics. The thesis begins from the necessaries of constructing the autonomic organization of geographical indications. On one hand, property of estate of geographical indications will be tried to redefine. On the other hand, autonomic organization will be tried to build, and related theories will be used for argumentation.The thesis includes three parts:First, the necessaries of constructing the autonomic organization have been mainly discussed. First of all, the differences between geographical indications and marks of supply of goods, brands and trade names have been analyzed. Further, the legal attribute of the right of geographical indications has been educed. It means that the right of geographical indications is a kind of mutual right owned by uncertain people in certain districts. This situation determines that autonomic organization of geographical indications must be built up. This opinion is given at the first time. Nowadays, in our country the government and the guild, instead of autonomic organization, administer the geographical indications together, which produces lots of problems. Therefore, autonomic organization should be built up as soon as possible.Second, characters, functions and sources of the power of autonomic organizations of geographical indications have been studied. Autonomic organizations of geographical indications are independent financial organizations, profitable autonomic organization and inner administrative organizations of geographical indications. They have functions of administration to inner and representation to external. The power of them comes from affiance of uncertain users in certain districts. When autonomic organizations found, users of geographical indications in their own district are consigners; uncertain producers and users are beneficiaries; autonomic organizations are assignees. While autonomic organizations exert the power of management, their members enjoy the right to use.Third, the relationship between autonomic organizations and their members has been studied. The power of autonomic organizations of geographical indications is a kind of autonomic right; the members of these organizations have the right to enjoy regulations and superintendence; administrative organizations have the power to administer, punish, settle the issue and prosecute. Members of autonomic organizations of geographical indications share the power to legally use the indications, vote and be voted, know the inside story, superintendence and prosecute and so on. Also, they have obligations of protecting those indications from abusing. When disputation occurs between autonomic organizations and their members, reconciliation, arbitration and legal procedure could be used to settle problems.Part two and part three are two parts of innovation.The meanings of the subject are as follow. One, the geographical indication which is regarded as social belongings is owned by uncertain people in certain districts. In another word, we can call it social-ownership, which is considered as a kind of extension and break to the traditional theory of the civil law. This research is good to researches related to those social-owned assets in certain areas, such as national-owned assets, collective-owned assets and so on. Two, the autonomic organization is a kind of middle-level administrative organization which is different from both macro-level management department and micro-level market management department. Research on this middle-level administrative organization is an important part in doing research in the fields of economic law. The theory of "small government, big society" demands this middle-level administrative organization to become perfect and exert its function totally. On the basis of knowledge in existence, using many methods, such as comparison, case analysis and Social investigation and so on, the author has given her own opinion.