Legal Protection Of Geographical Indications Of Agricultural Products In Heilongjiang Province Under TRIPS Agreement

Geographical Indications earliest embryos in the "Paris Convention",after the Madrid International Agreement on the Registration of Trademarks and the Lisbon Agreement for the Protection of Appellations of Origin and International Registration,experiencing a continuous enrichment and perfection,eventually established in the "TRIPS Agreement".The research of foreign scholars and the legislative protection of the world about geographical Indications have reached a hundred years.And in our country,until the early 21st century,the legal language"geographical indications" appeared in the research topics of Chinese scholars and their writings.At that time,In order to simplily connect with the international community,adhering to relevant spirit of the "TRIPS Agreement",our country only made general provisions from the theoretical point of view,rather than making a specific,detailed institutional arrangements from the practical point of view.But then,with the deepening research of Chinese scholars,gradually realizing that the geographical indications as an object of intellectual property,which has significant economic and cultural values.Therefore,China gradually introduced different levels of laws and regulations to protect it more refined,mainly including the "Trademark Law","Trademark Law Implementation Regulations","Geographical Indication Product Protection Provisions","Measures for the Administration of Geographical Indications of Agricultural Products"and so on.However,with the development of the times and the deepening of practice,the protection model of China's multi-level"double track system" has suffered a bottleneck in practice,exposing to the various drawbacks and problems.These have greatly reduced the effectiveness from protection of geographical indications,on the one hand infringing the interests of the relevant right person,on the other damaging the authority of the law.To a certain extent,deviating from the original intention of the legislation,one consequence of the end result is that while China is a big agricultural country,Its own has a number of distinctive agricultural products of geographical indications.But because of the above problems,these agricultural products of geographical indications,which hide the value of their own,cannot be excavated fully,for my use?This is for a large agricultural country,which can be described as a great regret and missing.Moreover,this regret and the loss has currently occurred in the traditional agricultural province-Heilongjiang Province.This is for the Heilongjiang Province,which issimply worse.Therefore,It is imminent to put forward the corresponding improvement measures to solve the facing dilemma of legal protection of geographical indications of agricultural products in Heilongjiang Province!In summary,this paper intends to elaborate to introduce the basic theory of geographical indications,at the same time,comparing with provisions for the protection of geographical indications under the TRIPS Agreement,and then to interpret and evaluate them.Then combined with the protection situation of Heilongjiang Province,especially in the specific case,from the perspective of empirical analysis,seeking for further analysis,striving to find the gap between Heilongjiang Province and the TRIPS Agreement.Finally,guided by a value orientation embodied in the TRIPS Agreement,in order to guide and promote the specific practice of geographical indications protection of agricultural products in Heilongjiang Province.