Research On The Legal Protection Of The Geographical Indications Of Agracultural Products In China

Geographical indications of the agricultural product are an important intellectual property rights.China is a country with traditional agricultural,which has a lot of geographical indications with rich resources and unique advantages.With transformation and upgrading of agricultural economy,geographical indications of agricultural product play a significant part in the international market.At the same time,the geographical indications of agricultural product have special meaning to Chinese farmer’s survival and development.After China’s entrance into the WTO,no matter honor commitments or seek breakthrough,we beginning to focus on build the law to protect the Geographical Indication. But in the process also exposes more and more problems,effectively putting a brake on the agricultural product’s development.So,it is necessary to reform the legal protection of the geographical indication.This paper through following sections to discuss the author’s view: The first part is the elementary theory of the Geographical indications of the agricultural product.Base on defined the conception and characteristic distinguish other concepts of same kind,in order to determine the right directions.Next,analyzing the meaning to improve the legal system to be achieved.In the second part,the author illustrate by examples the current situation,the shortcomings and the reasons of legal protection of the geographical indication.In the beginning,introduce the legislative activity went through three stages.After that,this article presents a preliminary on the issue from legislation,law enforcement and supervision,to analysis the shortcomings and reasons.The third section discussed the foreign legal system of the agricultural product’s geographical indications.The paper will focus on two international treaties, 《Paris Convention on the Protection of Industrial Proper》 and 《Agreement Trade-Related Aspects of Intellectual Property Rights》 which have an important effect to safeguard the Geographical Indications.In addition,the author list some other counties’ domestic laws,such as Germany and Japan,to analysis different legal model.Above all,this paper want to search a model that suit our own conditions.The last section is the improvement of the legal system protection of the agricultural product’s geographical indications.In author’s opinion,the best model for our country is combine 《Trademark Law》 and 《Anti-unfair competition Law》 which can achieve the optimal effect.From the aspect of execution,the Department of agriculture should undertakes the obligation of administrating the Geographical indications. Industrial and Commercial bureau and General Administration of Quality Supervision (AQSIQ) just be a helpful role.From the supervision perspective,it is necessary to improve and perfect the registration system,the quality supervision system and the industrial association system.