Problems And Countermeasures Of The Intellectual Property Protection In Agarwood Industry Of China

Aquilaria sinensis (Lour)Gilg (agarwood) industry in China is in key period of transition from traditional pharmaceutical industry to agriculture, industry, culture industry as one of the complex industry, the industry is in rapid development stage, the output value will reach one hundred billion yuan in the future. The key link of agarwood industry is closely linked to intellectual property, which plays a strategic support in industry development.First analyze the value of agarwood,just because of the digging of the huge value of agarwood in medical, cultural, economic and ecological aspects, agarwood industry transforms and upgrades from traditional agriculture into a composite industry of agriculture,industry and culture industry.The intellectual property protection can promote agarwood industry’s core competitiveness, promote the upgrade of agarwood industry.By means of analysing the existing protection, such as the genetic resources protection, the patent protection, the trademark protection and the protection of non-material cultural heritage and so on, leading to the insufficiency of the methods of the intellectual property,namely the poor protection of genetic resources,the enterprises’regardlessness of intellectual property management, etc.Then put forward the thinking about perfecting the intellectual property protection,namely in adhering to the principle of balance between ecological value and economic value, the principle of combining technology innovation and culture innovation, the principle of balacing intellectual property protection and the public interests,applying intellectual property creation, protection and management, the cooperation of government, industries and enterprises, set up a complete intellectual property rights protection mechanism. And put forward the specific countermeasures and Suggestions:on genetic resources protection, choosing the geographical indication protection from the current mode of protection of intellectual property to protect agarwood genetic resources; In the field of patent protection, establishing an early warning system for the patent intellectual property and using review mechanism of major science and technology economy; In the field of trademark protection, strengthing the consciousness of trademark protection and paying more attention to brand building; at the same time with the coordination of other modes of protection.Combining various kinds of protection ways,to provide a system protection of intellectual property protection for the development of agarwood industry.