Research On The Legal Protection System Of Geographical Indications

The legal protection of geographical indications can be traced back one hundred years ago,and it has played important roles in regional rural policy and rural economic development.Since it was written in the TRIPs agreement as a specific section,it has attracted the attention of all countries in the world.At present,there are three major protection models in the western developed world: Special Law protection model represented by the European Union;Typical Trademark Law protection model represented by the America;and Mixed Law protection model represented by Germany.As different countries have their own legal traditions,each protection model has its' own characteristics and practical experiences.By virtue of its vast land,complex terrain,diverse climate change and deep historical and cultural background,China is a big country in geographical indications,and is in great needs for their protection.But the legal system of geographical indication protection of China is much more underdeveloped than western developed countries.Not only the public awareness on the protection of geographical indications in China is weak,but also the government's current protection system is in needs of improvement.Especially at local level,the standards for the protection of geographical indications vary a lot from one city to another city which is a barrier for the protection of geographical indications.To this end,this article begins with the analysis of the relevant concepts of geographical indications,clarifying the origin of the protection of geographical indications,and then through the comparative study of the existing geographical indications protection system in China,summarizes the current situation of the legal system on geographical indication protection in China.By visiting the official website of relevant government departments and interviewing the managing persons,the author gained related data and Clarify the similarities and differences between different systems and the advantages and disadvantages,analyze the problems existing in the legal protection system of geographical indications in China,and put forward reasonable suggestions for the construction of the legal protection system of geographical indications in our country.