Research On Legal Issues Of Agricultural Product Geographical Indication In Enshi

Geographic indication is a kind of intellectual property rights, since TRIPS put it into protection area, many counties began to do the law research about it, such as domestic legislation of geographic indication protection. France is the first country to protect the geographical indication, while it has been taken care of for 100 years.China first put geographical indication into legal protection since joined Paris Convention in 1985. Our country has vast geographical area, the history of cultural civilization last for a long time, in many places there are all kinds of traditional cultural production and handicraft, which most of them are very locally and specific, they’re reasonable to apply for GI protection. Doing the research of GI protection in our country is aimed to strengthen the protection in China and search a path to develop economic in the China rural areas without building polluting plants, and form regional characteristic economic systems in these places, help the peasants and rural areas benefit from it.Enshi Autonomous Prefecture is located in the southwest of Hubei Province,which has rich natural resources and a long history of culture, would be an important battleground of developing intellectual property strategy. This paper introduced the geographical indication protection in Enshi area, analysis the paradox in the system operation, put forward legislative suggestion and the policy suggestions on the development of Enshi geographical indications.This paper consist of seven parts. The first part is introduction, talk about the study background, the meaning of study and research review; The second part is the basic theory of the agriculture product geographical indications, including the definition of geographical indications, the discrimination of similar concepts, economic and law analysis of geographical indications, the value of geographical indications; The third part is analysis of geographical indications protection in Enshi, including the contradictions and conflicts in the legal protection system of geographical indications in China, analysis of problems in protection of geographical indications in Enshi; The fourth part is introduction of geographical indications protection system in other countries, such as France and EU with special law, American with trademark law and Japan with anti-unfair competition law; The fifth part i about the construction of geographical indications law in our country, consist of the legislative mode, principle of legislation, content of law, coordination with the existing laws; The sixth part is suggestions for geographical indications protection in Enshi; The seventh part is summary of this paper and several overlooks.