The Geographical Indications Protection Of Chinese Geo-herbalism

The doctors of traditional Chinese medicine have always been paying attention to thequality of the medicinal materials. They believe that the genuine medicinal materials are ofbest quality, so Chinese Geo-herbalism always plays an important role in the Chinese clinicalmedicine. In recent years, with the development of economic globalization, the geographicalindications system has been introduced to our country. Geographical indications system playsan important role of protecting Chinese Geo-herbalism in particular regions in our country..However, the protection mode and management method of geographical indicationsprotection of Chinese Geo-herbalism in our country are not very reasonable, they affects thedevelopment of Chinese Geo-herbalism industry and the improvement of the quality ofChinese Geo-herbalism. This article analyses the protection modes and management modes ofChinese Geo-herbalism, and find out the problems of geographical indications protectionChinese Geo-herbalism. In the last, this article puts forward some relevant suggestions.This paper is divided into six parts.Part I: Introduction. This part introduces the development status and the significance ofgeographical indication protection system of Chinese Geo-herbalism, summarizes theresearch value of the article, and briefly points out the idea of writing this article.Part II: Dilemma of geographical indication protection of Chinese Geo-herbalism. Thispart starts with "Dong’e donkey-hide gelatin" trademark infringement case, the author thinksthat the court decision of considering only the protective effect of trademark of "Dong’edonkey-hide gelatin ", but ignored the protection of geographical indications protection. Thenthe article proposes that implementing geographical indications in protecting ChineseGeo-herbalism is of natural rationality. Then the author analyses the difficulties in thegeographical indication protection of Chinese Geo-herbalism, including system problems,protection issues, the quality management problems, and the problem that there are so manyidentification in the production that the significant of the Chinese Geo-herbalism has beenreduced. Part III: Geographical indications protection mode of Chinese Geo-herbalism. This partanalyses three geographical indications protection modes of Chinese Geo-herbalism, and therelevant provisions of these three protection modes and their respective status. Then theauthor analyses the defects and insufficiency of the protection modes, and draws theconclusion that using specific law protection mode of geographical indications protection ofChinese Geo-herbalism as the most favorable mode. Because of the special geographicalindications law mode has more advantages of protection than the other modes.Part IV: Management of geographical indications in Chinese Geo-herbalism. This partintroduces the current management mode of geographical indications in ChineseGeo-herbalism, analyses the problems of management mode and puts forward somemanagement suggestions. Such as we should definite the specialized geographical indicationsagencies, strengthen the quality management and supervision, and implement the brandstrategy of of Chinese Geo-herbalism.Then the author introduces the problems of how topromote the quality of Chinese Geo-herbalism, analyses the quality management situation ofgeographical indications on Chinese Geo-herbalism including the formulation andimplementation of Chinese Geo-herbalism quality standard, and puts forward relevantrecommendations to perfect Chinese Geo-herbalism quality standard system of geographicalindications.Part V: Suggestions on how to improve geographical indications protection of ChineseGeo-herbalism. In view of the current dilemmas of geographical indications protection ofChinese Geo-herbalism, the paper puts forward some reasonable proposals, namely we shouldpay more attention to geographical indications protection work, perfect the legislation,enhance specialized protection, strengthen administrative guidances, and that industryassociations should play important role in protection of geographical indications of ChineseGeo-herbalism.Part VI：Conclusion. Summarizing the research results of this paper.