The Theory Of Perfect Legal System Of Geographical Indication Protection In China

Geographical indication is one of the first brand type, but as an internationallyrecognized independent type of intellectual property, is still a new thing, countries areonly recently admitted and protected. Geographical indication is to provide productswith high added value and independent intellectual property rights, farmers sex isextremely strong. No matter what a country, from the point of view of have been giventhe geographical indication protection products, the vast majority of the protectedproducts are agricultural products. In view of geographical indications in the intellectualproperty rights and the important position in the field of agriculture, for its protectionhas become one of the important issues of the WTO doha.At present, the geographical indication protection in China is tied for the protectionof the three approaches, namely the protection of the trademark law mode, geographicalindication product specially protected mode and special products of geographicalindications protection mode of agricultural products. The protection system of both thetrademark protection models also have special protection, and will co-exist for a longtime. The key is how to coordinate the relationship between the three kinds of system,combining with the concrete practice of geographical indication protection in ourcountry, the existing system to do the necessary adjustment and correction, fosterstrengths and circumvent weaknesses, to play the best effect. In view of the existinglegal system more department of geographical indication protection management,departments responsibility is not clear, bull management, and other issues, shouldcorrectly handle the relationship between the trademark and geographical indication,proposes the establishment of geographical indication protection national strategy,improve the supervision mechanism of geographical indication, establish a geographicalindication product international domain rights mechanism, to realize the integration ofgeographical indication protection.This article is based on actual in geographical indication protection in China,analyzes the problems existing in the legal system of geographical indication protection, put forward the perfect proposal. Concretely from five aspects this paper expounds thebasic theory of geographical indication, the international organization and internationalconvention for the protection of geographical indication, the domestic law protection ofgeographical indications, geographical indication protection in China present situationand the problems and the improvement of the legal system of geographical indicationprotection in China.