The Research Of Legal Protection System About Geographical Indications In China

As a form of intellectual property,Geographical Indications carry enormous economic value and cultural value.They have significant functions for enhancing the market competitiveness of related products,especially in the current situation of increasing global economic integration.Products have a prominent role in promoting the development of a country's international market and increasing its competitiveness.For this reason,many countries have established special legislation to protect them.China's Geographical Indications are abundant.Strengthening the construction of a legal system for geographical indications in order to promote the development of geographical indication products has an inestimable impact on advancing China's economic development,especially on enhancing the competitiveness of international trade.However,there is a systematic lack of relevant laws and regulations such as the Trademark Law,the Provisions on Protection of Geographical Indication Products and the Administrative Measures on Geographical Indications of Agricultural Products,which seriously restricting the protection efficiency of geographical indications,the structure of legislative systems,and the value of geographical indications.Therefore,it is urgently necessary to draw lessons from the extraterritorial legislative experience and improve relevant legislation in China.The purpose of this article is to promote the development of the legal protection system for Geographical Indications in China.The article is divided into the following four parts:The first part mainly analyzes the basic theoretical issues of the legal protection of geographical indications.Firstly,it clarifies the connotation and characteristics of Geographical Indications and compares them with the related terms such as the Indications of the Source and the Geographical of origin.Secondly,from private rights and public ownership.The two aspects of rights analyze it as a special object of intellectual property.Thirdly,it analyzes its practical significance along the social,economic,and cultural paths.Finally,itanalyzes the relevant elements of national intellectual property development and national economic development.The second part mainly analyzes the current situation and the lack of the protection system of geographical indications in China.First of all,we need to sort out the legal protection system for geographical indications in China,including the Trademark Law,the Provisions on the Protection of Geographical Indications,and the Administrative Measures on Geographical Indications of Agricultural Products and other related legislation.Secondly,it analyzes the deficiency in China's current legislative protection system,including the conflicts between the Trademark Law and the Regulations on the Protection of Geographical Indications,the excessively low level of special geographical legislature protection legislation,the unscientific authority of geographical indication management authorities,and geographical indication products.The imperfect safeguard mechanism and the lack of related liability mechanisms.The third part mainly analyzes the legal protection system of geographical indications outside the domain.First analyzed the Paris Convention,the Madrid Agreement,the Lisbon Agreement,and the TRIPS Agreement.Second,it analyzes the protection of geographical indications in the United States,France,and Japan.Finally,it revolves around the perfect legal concepts,specialized legislative models,coordinated administrative department management,and special protection of wine and spirits,summing up extraterritorial related legislative experience in order to provide reference for the improvement of the legal protection system for geographical indications in China.The fourth part is how to protect China's geographical indication system.First,establish a comprehensive protection system with specialized legislative protection as the core.A comprehensive protection system centered on the construction of the Law on the Protection of Geographical Indication Products and the related regulations including the Trademark Law,the Anti-Unfair Competition Law and the Consumer Protection Law.Secondly,it puts forward specific ideas for constructing a special Geography Mark Protection Law,including theapplication and acceptance system for geographical indications,the review and approval system,the protection and supervision system,the use and withdrawal system,and the legal liability system.