Study On The Protection Of Geographical Indications Of Agricultural Products In China

The geographical indication of agricultural products is an important part of agricultural intellectual property rights in China,which is a sign of agricultural products originating from specific areas,product quality and related characteristics mainly depends on the natural ecological environment and historical human factors,and the geographical name of the unique agricultural products,,Is also China's "three rural" the most closely related to a special intellectual property,its own contains infinite economic value and social value,is carrying a huge wealth of intangible property.Central Committee of the document for fourteen years focused on the "three rural issues",shows the thinking and deployment of the Party Central Committee in the new century on the agricultural,rural and peasant problems in our country.In recent years,with the continuous development and growth of non-governmental organizations,it has played an increasingly important role in the social and public fields.The ability to participate in social management has been improved and improved.In environmental protection,medical and health care,public crisis managemeng and other aspects have gradually become a government assistant can not be ignored.At this stage,although the government attaches great importance to the protection of agricultural intellectual property rights,but because of the limitations of the traditional government unilateral protection,agricultural intellectual property rights,especially agricultural products,geographical protection is not ideal.Non-governmental organizations are different from the government,its own unique advantages,determines its participation in the protection of geographical indications of agricultural products in the process,can reduce costs and improve efficiency to meet the needs of social development.However,at present,the effect of non-governmental organizations to protect the geographical indications of agricultural products is not ideal.This is not perfect with the protection system of geographical indications of agricultural products,the development environment of non-governmental organizations is not harmonious,the relevant laws and regulations are not perfect and the construction of non-government organizations Problem related.Based on the protection of geographical indications of agricultural products in China from the perspective of non-governmental organizations,this paper analyzes the advantages and difficulties of non-governmental organizations to protect the geographical indications of agricultural products on the basis of combing the theoretical basis and realistic basis of the protection of geographical indications ofagricultural products by non-governmental organizations.This raises the problems encountered by non-governmental organizations in the actual protection process.On this basis,the author puts forward the feasibility of perfecting the non-governmental organizations to protect the geographical indication of agricultural products: perfect the relevant legislation,optimize the external environment of the non-governmental organizations to carry out the protection work,strengthen the construction of the agricultural non-governmental organizations' own capacity,Government organizations to benign interactive relations of cooperation,non-governmental organizations to protect agricultural products geographical indications in the law,capital,personnel,policies and other aspects to give more support to improve the protection of geographical indications of agricultural products efficiency,the new situation for the party to solve the "three Agriculture issues " to provide new entry and greater support.This paper mainly includes seven parts: The first chapter introduces the background and significance of the thesis,the research status quo at home and abroad,the research content and method of the thesis,and the innovation and the shortcomings of the thesis.The second chapter explains two core concepts and three theoretical bases,in which the origin and development of the concept of geographical indications are briefly combed.The third chapter summarizes the current situation of non-governmental organizations to protect the geographical indications of agricultural products,and compares and analyzes the development and operation characteristics of the two associations,summarizes the key factors that affect the geographical indications of non-governmental organizations to protect agricultural products,For the next existing problems and causes analysis and countermeasures proposed to lay the empirical foundation.The fourth chapter analyzes the problems existing in the process of protecting the geographical indications of agricultural products by non-governmental organizations in China,including the imperfection of the protection system of agricultural products and the imperfect development of non-governmental organizations,which focuses on the imperfection of the industry association system The The fifth chapter analyzes the reasons behind the existence of the problem,mainly summarized as the reality of weak foundation,legislative incongruity and government management behind three aspects.Chapter 6 puts forward some feasible suggestions to improve the protection of geographical indications of agricultural products by non-governmental organizations,including the development of the Law on the Protection of Geographical Indications,the incorporation of industry association system into the law and the separate rules.To clarify the existing protection system,To alleviate the conflict at the applicable level of the law;toimprove the external environment of agriculture-related non-governmental organizations and to enhance the organization's ability.Chapter 7 summarizes the whole text,and points out that it is feasible and necessary for the introduction of non-governmental organizations as the main body of the protection of geographical indications of agricultural products.China should speed up and improve the relevant legislation and incorporate the industry association system into the legal system Track,while promoting and improving the development of agriculture-related non-governmental organizations to enhance the protection of agricultural products,geographical indications.