The Discussion About The Deficiency And Amendment Of Geographical Indication System Of Our Country

At present,our country's agriculture is during the phase of industry updating,which makes Geographical Indication System one of the hottest topic both in all over the world and domestic.From the conflict in the trade negotiation held by WTO to the diverse models built differently by the emerging countries and traditional countries,in addition,all the countries are developing and improving Geographical Indication System urgently,a smokeless war is been holding in the world's agriculture product market.The authorities define the concept of Geographical Indication that:a symbol which indicates a kind of product comes from some administrative area,and the quality and other characteristic of the product is related to the elements from this area.so what hide behind the symbol is the high-class geographical and historical element from this area which is recognized by the society well.so Geographical Indication stands for trust and reputation.With the development of society economy and people's living standard,people put more demand to product's quality and reputation than before.,and Geographical Indication can meet the demand rightly.On the other hand,Geographical Indication can also bring higher addition value to the producer,increase their profit,improve their living standard,build the product's brand and scale,and promote agriculture upgrad and innovate,these are the causes why all the countries extremely focus on Geographical Indication.France whose agriculture resource is abundant chooses Special Law Protects Mode,and constantly strengthens protect level of Geographical Indication in order to make domestic agriculture products resource advanced.in addition,they sign treat with other countries so as to enlarge scope of protection and competitiveness of domestic agriculture products.As emerging agriculture countries,such as America,Canada and so on,they choose totally different protection mode which is called trademark law protection mode,and it is popular in the world,this kind of mode utilize present law system to protect geographical indication and have an efficient effect.As tradition agriculture country,our country own abundant agriculture resource.but our geographical indication system is far away from perfect and can not contribute to the revival of agriculture for our country.For example,when it comes to theory,because the system originated aboard and only imitate the surface,so it caused the concept and logic is chaotic and can not set a standard direction to the development of our country geographical indication system.On the aspect of practice,the system didn't suit to the real situation of our country and caused the manager and right is implicit.It also caused the lack of procedure and lower efficiency,which damage people's benefit.So it is so urgent that we should reform geographical indication system and agricultural structure.This article is founded in the system problem we are facing,act from both theory and practice aspect and learn advanced experience and knowledge of law aboard to settle down the shortcomings which include implicit logic,conflicting system design and incomplete actions.besides,it will think twice really situation so as to get a solution that includes the society foundation,scientific constitution and concrete measure.In the aspect of the structure of the article,it is divided into four chapters.The specific design is as follows: the first chapter is based on the geographical indication system itself,and through the introduction of the concept feature detailed solution and the advanced country experience,the reader is fully aware of the geographical indication system.In the second chapter,the development of the system in theory and practice is summarized,and the application of the related system in China is analyzed and summarized,so as to prepare the problem listing part of the next chapter.The third chapter is the listing part of the existing problems in China's geographical indication system,and it is not simply and mechanically listed,and the root cause of the problem will be analyzed separately,so as to find out the problem to solve the problem.And the effect countermeasure is realized.In the fourth chapter,it is proposed to make a specific solution to the above problems.The specific suggestions are as follows: First,in view of the deficiency of the theory,we can meet the international standards and study the latest theoretical concepts of foreign countries and continuously update the theoretical system of our country.Secondly,to strengthen the social popularization of the system,to cultivate the sense of ownership of the government,the trade associations and the farmers,to improve the popularity of the system,and to provide the "fertile soil" for the development of the geographical indication protection system in our country.In addition,it is suggested to learn from the European Union and France,which have similar national conditions and perfect system construction,to set up the special law protection mode of the relevant system in our country,so as to continuously improve the protection intensity of geographical indications.And through the signing of treaties with other countries,in order to expand the scope of protection of their geographical indications agricultural products.Finally,in the formulation of special laws and regulations,we should perfect the specific management measures,establish the advanced consciousness of the protection and management of geographical indications,and strive to turn our country's special law of geographical indications into a scientific and complete system.In order to promote the rapid development of China's agricultural market and accelerate the reform of agricultural upgrading.