On The Legal Protection Of Geographical Indication Of Agricultural Products In China

The geographical indication is "agriculture" booster "native", is to pass to the world, is shaking Qian Shu farmers. Especially in the process of economic globalization, the international protection of geographical indications of agricultural products increased, can enhance the international competitiveness of agricultural products, promoting the upgrade of agricultural industry, increase the income of farmers, farmers’ employment, realize the benign development of the rural economy and regional economy. But because of our country for the protection of geographical indications in the relatively short history, the law and management there are many problems, has created many "tragedy of Anticommons" phenomenon. Every tragedy of product of geographical indication brand will cause serious damage. In this paper, through the analysis of "the tragedy of the commons" theory, the current research of geographical indications in the "tragedy of the commons" and "tragedy of Anticommons" phenomenon causes and manifestations, finally proposed the digestion of geographical indications in the "tragedy of the commons" and "tragedy of Anticommons" phenomena in legal way.The first part of this paper discusses the geographical indication of agricultural products in the "tragedy of Anticommons" background of the problem and research results at home and abroad, discusses the protection of Agricultural Geographical Indications of the importance and from the "tragedy of Anticommons" perspective to use legal means important significance of the agricultural product geographical indications protection. The second part of this study, and the related theory and the related concept definition. The third part, analysis of the geographical indication of agricultural products in the "tragedy of Anticommons" problem situation. From the protection of agricultural geographical indications, the agricultural product geographical indications of "tragedy of Anticommons" subject, causes and countermeasures and the supervision of law enforcement status of the three aspects of analysis. The fourth part, the main analysis of the United States of America, France and the legal system of protection of geographical indications of agricultural products in Japan and the countries of India, sums up the common and experience, for the protection of geographical indications to provide reference and help for our country. The fifth part, the fourth part of the problems, combined with China’s national conditions and learning from the advanced experience of developed countries to improve the legal system related to the opinions and suggestions. The sixth part is a conclusion.