Research On Legal Protection Problem Of Agricultural Product Geographical Indication In Jiangxi Province

Since WTO "Agreement on Trade-Related Aspects of Intellectual Property Rights" Clearly defined geographical indications and copyright, patent and trademark and other traditional intellectual property rights for the protection object, China’s legal protection of geographical indications increasingly attention, in order to satisfy the protection of geographical indications, our country has issued a series of laws for geographical indications protection, protection and the development of geographical indication is high quality, but also as an important means of characteristic agricultural products at home and abroad have achieved very good results. As an intellectual property rights closely related agriculture, geographical indications associated with agricultural products, our country is a big agricultural country, and most of the protection of geographical indications products for agricultural products, and even can be said that the protection of geographical indications basically is to protect the agricultural products. Characteristics of the geographical indication itself determine its inherent economic and social value, and acts as a product (especially agricultural products) indicator of the origin and quality of products, involved stakeholders interests between market economy and relation of national interests. In the long history of development, China has formed a number of characteristic agricultural products, there is great potential for development and protection of geographical indications. China’s geographical indication protection will bring benefits for agriculture and farmers, but implementation of the system and the practice of the market have many not coordinates and even conflicts. Under the existing system, how to make agricultural products in Jiangxi Province to be better protected, how to get better protection for the geographic indications of Jiangxi Province agricultural products, which is the focus of this paper. I will adopt the method of the comparison analysis, case analysis, normative analysis and empirical method to analysis the legal protection of agricultural products geographical indications at home and abroad, and based on the our current legal system and the characteristics of agricultural products in Jiangxi Province, puts forward the effective suggestion of legal protection of geographical indication, Jiangxi Province has the competitiveness of agricultural products, and promote comprehensive and harmonious development. Based on the registered agricultural products geographic indications of Jiangxi Province, I will conduct a comprehensive survey and analysis, Ruichang city as a example, put forward suggestions for legal protection of geographical indications of agricultural products in Jiangxi Province, improving competitiveness, reputation of agricultural products of Jiangxi Province in domestic and international,and increase peasants incomes, promote coordinated economic and ecological development of Jiangxi Province. In our country, the protection of geographical indications of the legal conflicts of the premise, how to make better use of the existing law protection of geographical indications of agricultural products in Jiangxi Province is very important. I intend to inquiry, analysis, reference, combined with the characteristics of agricultural products in domestic and international legal protection of geographical, put forward the legal protection of geographical indication in relevant suggestions about agricultural products of Jiangxi Province, so that improve the agricultural products in Jiangxi Province in the domestic and international famous degree, competition ability, increase farmer income, stimulate Jiangxi economy and green zoology to coordinate development.This paper is divided into five parts:the research background, research purpose and research purposes, to the former research achievements summary in the preamble. First part will be explains the terms associated with a geographical indication, on the definition of agricultural products, demonstrate on the protection of agricultural products is limited to primary agricultural products and processed agricultural products in early protection of geographical indications, not protection of deep processing of agricultural products, on the classified lists of agricultural products; analysis the agricultural produce of Jiangxi Province and its scope, conditions conducive to the protection of geographical indications of agricultural products in Jiangxi province for lists, analysis. The second part will analysis of agricultural products of geographical indications protection mode phenomenon in domestic and foreign and its significance, different countries on the protection of geographical indication of agricultural products has a different mode and cause. The current law of our country, related laws and regulations were summarized, and our country representative provinces within the scope of the administrative divisions within the geographical indication protection of agricultural products in practice are described, and therefore lead to the protection of geographical indications of agricultural products in Jiangxi Province. The third part, the focus of this part, I will make the detailed investigation and study in this part, to elucidate the agricultural products Province on the legal protection of geographical indication significance in Jiangxi, represented by case, analysis of Jiangxi agricultural products of geographical indications protection deficiencies, draw lessons from other provinces to agricultural products geographical mark protection measures related to agricultural products in Jiangxi Province, looking for the legal protection of geographical indication of feasible suggestions and countermeasures. The fourth part is the summary of the whole article, and the future prospect of agricultural products geographical indication in Jiangxi Province, walk out of the unique characteristics of Jiangxi Produce market road. Study on the protection of geographical indications of agricultural products in Jiangxi Province are the following suggestions:first, speed up the pace of introducing local regulations, special management of geographical indications of agricultural products; second, play the role of industry associations, strengthen industry self-regulation; third, stepping up publicity to raise awareness of protection of geographical indications of agricultural products; fourth, strengthen Government where the geographical indications of agricultural products to guide and assist industry of agricultural products; fifth, to ensure the quality of agricultural products, to strengthen the regulation of geographical indications of agricultural products.