Geographical Indications In The "tragedy Of The Commons" And "anti-tragedy Of The Commons" Phenomenon And Its Legal Digestion

Since the history of geographical indications'protecting of our country is quite short, with many problems on the legal regulations and the management style, lots of phenomena of "tragedy of commons" and "tragedy of anti-commons" have come up. Each appearance of the tragedy forms badly damages on the brands of the geographical indications'products. Through the analyze of the "tragedy of commons" and the "tragedy of anti-commons" theory, we can study the causes and expressions of the phenomena of "tragedy of commons" and "tragedy of anti-commons" on the geographical indications of our country, and give the solutions of law at last.The article is formed of introduction, main body and epilogue. The main body includes three parts of the explanations of the phenomena of "tragedy of commons" and "tragedy of anti-commons", the phenomena of "tragedy of commons" and "tragedy of anti-commons" on the geographical indications of our country, and the solutions of law to the phenomena of "tragedy of commons" and "tragedy of anti-commons" on the geographical indications of our country.The first part of the article is the explanations of the phenomena of "tragedy of commons" and "tragedy of anti-commons". Mainly introduced the definitions and theoretical models of the "tragedy of commons" and "tragedy of anti-commons", analyzed the corresponding theoretical model, revealed the causes and expressions of the phenomena of "tragedy of commons" and "tragedy of anti-commons", then we can manifest the necessity and urgency of the solutions after the occurrence of "tragedy of commons" and "tragedy of anti-commons".The second part researched about the phenomena of "tragedy of commons" and "tragedy of anti-commons" on the geographical indications of our country. First, it introduced the concept and the feature of geographical indications, studied the prescription of the laws in our country and the present conditions of protection, and then researched the origins and performance of "tragedy of commons" and "tragedy of anti-commons" of geographical indications. It shows that in our country of rich resources of geographical indications, it's very necessary to protect geographical indications. But because the geographical indications is the assemble of the collective exclusive rights and individual joint rights, our country's present legal rules of geographical indications is not consummate, in the legislation and the supervision exists"the two-track system"phenomenon, makes the geographical indications'property right not to be clear and to disperse, in the supervision does not arrive, causes "tragedy of commons" and "tragedy of anti-commons" phenomenon of our country unceasingly. On the one hand it made enormous waste of geographical indications and the related resources. On the other hand it is also extremely disadvantageous to the benign development of geographical indications. We must consummate the legal framework and the control system of geographical indications, avoiding the occurrence of "tragedy of commons" and "tragedy of anti-commons".What the third part discussed is the resolution of "tragedy of commons" and "tragedy of anti-commons" phenomenon of geographical indications. Regarding to resolve the "tragedy of commons" and "tragedy of anti-commons" phenomena of geographical indications, it proposed the corresponding actions separately. Regarding to "tragedy of commons", mainly proposes the following ways: First, should to define and stable the property right, ceases the abuse and counterfeit actions on geographical indications, it also included to define and stable the property right, to establish special geographical indications law, as well as to prevent the right to abuse and counterfeit, to stable the property right of geographical indications. Second, should establish an effective supervision system, mainly included the supervisions of government departments, other organizations and so on, as well as the enterprises'supervision themselves. Regarding to "tragedy of anti-commons", then proposed: make the property right conformity, clear about the main body of the collective exclusive rights; establish a moderate supervision system, avoiding the appearance of "seeking" phenomenon. We hope it can solve all sorts of questions and so on occurs on "tragedy of commons" and "tragedy of anti-commons" after these measures carry out, avoiding the occurrence of any tragedy and further promote the development of geographical indications.