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The Multi-dimensional Perspective Of The Economic Analysis Of Geographical Indications

Posted on:2019-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Q WangFull Text:PDF
GTID:2416330569496302Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China has a long historical and cultural tradition,and is also a land endued with rich resources and outstanding personalities.The main content of intellectual property is about property right.Property rights are a series of rights about property,which belong to the category of jurisprudence,but in terms of property,it also belong to the category of economics,which build a bridge between law and economics for the study of intellectual property rights.Geographical indication right is a kind of intellectual property right.The legal research of geographical indications has been quite deep,but its economic research is less referred to both at home and abroad.I've done a simple study on the basis of the combination of jurisprudence and economics,trying to give some of my own suggestions for the protection of intellectual property of the geographical indication.This article can be divided into the following parts:1.The value of geographical indications.In this part,at first I put forward and discussed that geographical indication has the dual value attributes of both economy and efficiency.On the basis of the special internal relation between the two value attributes and the social economic development,or and the social resources' allocation,I attach great significance to the protection of the intellectual property of geographical indications.Besides,I analyzed the relation between geographical indications and geographical indication system.The geographical indication system can guarantee the realization of the dual value attributes of geographical indication.2.The possibility and feasibility of the economic analysis of geographical indications' legal system.Firstly,I made some research on the reason why the geographical indication system can carry out economic analysis,and demonstrated it from two aspects of possibility and feasibility respectively.The rapid development of the market economy and the continuous deepening of the reform of the market economy system have created the preconditions for the combination and infiltration of jurisprudence and economics,thus providing the possibility of economic analysis of the system of geographical indications.The scarcity of geographical indications determines that its utilization needs an effective and reasonable system for management and allocation,and this is the basis of the economic analysis of geographical indications system.There is "consistency" between the system and the economy in some aspects.The construction and perfection of the legal system are closely related to the social and economic development.The two sides perfectly complement each other,and this is also the inevitability of the economic analysis of the system of geographical indications.Both of the possibility and the feasibility also set a general tone for this article,and the rest of the article expand on mainly around both of them as well as the inevitability.3.Multidimensional Perspectives of Economic Analysis on the Legitimacy of Geographical Indication Legal System.Firstly,I analyzed the rationality of intellectual property protection of geographical indications from the perspective of property rights economics.The rights of ordinary property has the properties of exclusiveness and stability,and so on,which are closely related to the efficiency of allocation.Coase pointed out that in a society without clear property,the resource allocation must be inefficient.Without a reasonable and effective property rights system to protect the geographical indications,the realization of economic value and efficiency value of the geographical indications will be impossible.4.I analyzed the rationality of IPR protection of geographical indications with the two most commonly used analysis paradigms in economics: cost and benefit,supply and demand,from the perspective of welfare economics.5.Furthermore,from the perspective of institutional economics,the continuous development and improvement of the intellectual property protection system of geographical indications in our country is an objective requirement to adapt to social development.The change of system adapts to the development of social productivity and production relations,Otherwise it will have a negative impact on the system,then it will be difficult to achieve the resource allocation.6.The last part,the author analyzes the legitimacy of the geographical indication system,and in view of the existing deficiencies of China's geographical indications system,I put forward some suggestions to improve geographical indication system.
Keywords/Search Tags:Geographical indication, Legal system, Economic analysis
PDF Full Text Request
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