The Legal Protection On The Domin Of Geographical Indications In China

China has always abundant in Geographical Indication (GI) resources. Considering thelegal framework on the domin of this particular IP rights which base the foundation of thewhole jurisprudence protection in the Executive and Judical Branch, perhaps that’s the reasonwhy this point means vital to Producers, Transactors, Consumers as well as the whole country,for it will not only helps, flourishing the Rural Areas’ Economy, also enlarging China GIproduct’s abroad market around the world by the means of enforcing them competition.As an crucial mark, GI helps informing those potential consumers the message that thebeginning of this product could traced back to specific areas, as well as indicating thoseunique characters, such as high quality and good name and so on, which were determined bythe natural and cultural factors in that areas. Needless to emphasize the fabulous economicvalues in GI resources, just merely mention the heritages adhering on it, would be enough tolure States to pour attention and care at all sacrifices. Unfortunately, China hadn’t fully awareof its theoretical significance, let alone the complete frameworks. For example, the domin ofGI in China, as showed in detail below, may be too expansive to some degree, that is to saytoo many protected products and arbitiness in domin. Maybe now it’s the high time to perfectthis system as the last resort to those mentioned shortcomings.By studying its definition and content in great detail at the foundation of reality, this treatisecompare several major model in the world, then offer some advice to improve current system.This paper consists of4parts:Part1: This treatise focus on the specific definition of GI, with the basis of theperspective of TRIPS, accompanying the viewpoint of China《Trade Mark Law》and《Provisions On The Protection Of Geographical Indication Products》,then concentrate thisdefinition on2branch: the variety of products and the domin of district.Part2: Thoughly studying concurrent legal frameworks on GI presenting by China《Trade Mark Law》and《Provisions On The Protection Of Geographical IndicationProducts》,it’s natural come to the conclusion that China’s approach needed to be improved,for its far broad definition and the gap comparing with TRIPS hierarchy, that is to say toomany protected products and arbitiness in domin.Part3: On analyzing the differences between GI and Trademark, this treatise compare the Civil Model(say, French approach) and the Common Model(say, United States approach)in details, with the assistance of above discussion about China Hybrid protection system,point out some shortcomings adhering in its essence, then for China’s sake, prefersspecific-law protection approach.Part4: This paper offers some advice concerning about this system. For the first place, thispaper introduces some tendency and its collateral influence on China. Then with the help ofabove discussion, this paper offer specific-law protection to GI resources as well as perfectingthe current system, at the same time the market management is imperative.