On The Problems And Perfection Of The Two-track Model Of Geographical Indications In China

The study on the issue of geographical indications was developed late in our country,which was gradually developed by the "name of origin" and has been dominated by institutions such as the China Standardization Committee and the Agricultural Research Institute.However,the major universities,academic research institutions did not pay enough attention to this problem,only scattered in a variety of papers and did not form a theoretical system.At present,the domestic scholars group on the issue of geographical indications has become increasingly extensive and profound.As a member of the Trips Agreement,our country must fulfill its obligations to recognize the interests of the geographical indications that are recognized by the international community,and taking into account their own interests to make a choice.The trivial provisions of the Trips and the mature legislative model of the member states make us realize that the reality of the protection of geographical indications in our country is that although the geographical indications are rich,the general public has a lack of awareness of the protection of geographical indications.Furthermore,the protection is scattered and the level is not high,which led to the protection of geographical indications in China can not meet the needs of international protectionWith the development of economic globalization,the protection of geographical indications has been paid more and more attention.The protection mode of geographical indications has also been diversified.However,what is the geographical indication? Definition of Geographical Indications of China 's Trademark Law is “Geographical indications are signs that a particular source of quality,reputation,or other characteristics of a commodity originating from a region,mainly determined by the natural or human factors of the area”.This definition combines the relevant concepts of the Lisbon Agreement and Trips.What is the protection model of geographical indications in our country? China through the "Trademark Law" and "Geographical Indication Product Protection Provisions" to protect geographical indications protection,so China's geographical indications protection model is a two-track protection mode.What is the status quo and the problems of the geographical indications protection model in our country? There are two ways of China's current legal protection of geographical indications,AQSIQ's geographical indication product protection and the State Administration for Industry and Commerce of geographical indications to prove trademarks and collective trademarks.That is,by the two sets of laws and regulations,the two administrative organs at the same time to manage the geographical indications By the two departments were management,application procedures,approval,registration system not only in the content of more repetition,but also brought a lot of contradictions.The two administrative departments to exercise and expand administrative power according to different laws,will inevitably lead to the conflict of power and order chaos,not only increased the economic burden of the parties,but also caused the waste of state administrative resources.What are the geographical indications for the Trips Agreement? TRIPS Agreement to determine the general protection standards,TRIPS agreement on the geographical protection of wine and spirits geographical protection,TRIPS agreement on the protection of geographical indications exception.The Inspiration of Trips' Geographical Indication Protection Theory to China? The protection of geographical indications in the world is divided into three types of legislation: the special law protection mode,the trademark protection mode and the anti-unfair competition law protection mode.These three models have their own characteristics,Trips on the geographical indications of Member States to protect the legislative model is not rigid.China's dual-track protection mode with the "Geographical Product Protection Provisions" and "Trademark Law" parallel,drawing on the protection model specified in the Trips agreement to a certain degree,which can proved by "Trademark Law".However,China's geographical indications protection model is facing the problem of the relationship between "Regulations on the Protection of Geographical Products" and "Trademark Law",it is equivalent or complement in the case of two protection modes in parallel.China should not only learn the formal provisions of the Trips in the substantive content but also in substance.Therefore,on the basis of deep understanding of the provisions of Trips China should continue improvement of the content of China's geographical indications to solve the problem of protection confusion.How to perfect the Protection System of Geographical Indications in China? This is the foothold of this article,but also the ultimate goal of this article.This paper intends to study the Trips agreement,combined with China's specific national conditions,and finally put forward the proposal to improve the protection system of geographical indications in China.The article is divided into three chapters.The first part mainly includes the definition of geographical indication,the origin of the protection of geographical indications,the three kinds of protection modes of geographical indications in the world today.The second chapter,through the introduction of the existing protection model of geographical indications in China,illustrates its shortcomings.And then through Jinhua ham case and Baipu white liquor case further examples,demonstrating China's dual-track protection model can not solve the trademark protection and geographical indication product protection Of the conflict,geographical indications need to improve the protection model.In the third chapter,in view of the drawbacks of the double-track protection mode of geographical indications in our country,combining with the national conditions of our country to improve this.It is proposed to choose a special law to protect the model,the establishment of a special "Geographical Indications Protection Law" on China's geographical indications for two-track system protection.Finally,that should also actively participate in international cooperation and dialogue,so as to allow our geographical indications to protect the cause of the test,to achieve further development.