Legal Protection Of Geographical Indications

Geographical indication as a kind of intangible assets, contain enormouseconomic benefits itself, and has the function of cultural lineage, therefore all thecountries think highly of the protection of geographical indication. In many foreigndeveloped countries, has built up a relatively perfect geographical indicationprotection system in China, and geographical indication protection in the road hasjust started, and therefore on the problem must cause our enough attention.Our country has a vast territory, variety of climate, make our country’s manygeographic indication of the resources. The number of them, more than the kind, andwidely distributed in every corner of our country. These geographic marks the placecharacteristic collection resources of culture and the traditional, become China’ssocialist important part of culture. To strengthen the protection of geographicalindications and are of very high economic, social and cultural value. On one hand,geographic indication often and agricultural products together, improve the addedvalue of agricultural products, promoting the farmers’ income and the efficiency ofagriculture, and to ensure the agricultural economy of the good development; On theother hand, the geographical indication products in international trade, the proportionof the huge, is an important means of export, strengthen the protection of its, whichis beneficial to the development of the our country international trade market.Although our country is a have a number of geographic marks the great powersof resources, but also far not a geographic indication power, cause the situationreason is various, this also mapping out geographical indication protection in ourcountry there are many problems. Our country at present the legal protection ofgeographical indication though has obtained the certain result, but in the legislativeand judicial practice, there are still a lot of problems, this is cannot small gaze.Therefore, to our country for the legal protection of geographical indicationdeveloped, especially has the important practical significance. In addition, on theother hand, in order to better safeguard China geographic indication products in international status, and better in the international competition, increase ininternational negotiations of the right in our country, it would be necessary tostrengthen the legal protection of geographical indication. Above is the aim of thispaper topic selection.This paper is divided into four parts, the first chapter of the geographic marksfirst introduced the origin and the related concept, will clear the distinction betweenthe geographic marks, and then to the legal attribute of geographical indication indetail, and summarized the geographic marks three the legal characteristics, at theend of this chapter to carry out the legal protection of geographical indicationanalyzed the necessity of.The second chapter of our country at first legislative situation of geographicalindication has also briefly discussed, and then summarizes and analyzes thelegislation in a few more obvious problems; In the second part of this chapter in thejudicial practice in geographical indication protection problems involvingsummarized the induction, and by using the typical cases in the form of the problemsexisting in the judicial practice in the lecture.The third chapter of geographical indication protection abroad is the situation,this paper analyzes the list are respectively four more representative of the country,about their geographical indication protection system of a detailed summarized, andin the light of each country geographical indication protection system made analysis.Chapter4in front is based on the research of geographical indication protectionto perfect our country’s system of put forward Suggestions and ideas. Discusses theprinciples should be in what to build our geographical indication protection system,and to China’s future ZhuanMenFa choice of geographical indication protection thedetailed design of the system, finally to my existing geographical indicationprotection system of perfect put forward its own views.