Study On International Legal Protection Of Geographical Indications

Geographical indications have a high economic value,which has a huge role in promoting the development of the regional economy,especially the agricultural economy.With the continuous deepening of international trade,geographical indications as an important economic growth point have gradually become one of the important issues in international IP negotiations.From the 1883 Paris Convention to the 1994 TRIPS Agreement,the existing system of international legal protection of geographical indications has basically taken shape.After the establishment of the WTO,due to the huge differences between the old world members represented by the European Union and the New World members represented by the United States,multilateral negotiations on the geographical indications led by them gradually became stalemate,so countries began to try bilateral Regional negotiations and other means stipulate the protection of geographical indications through the“TRIPS-incremental” agreement,which presents a new trend of expanding protection and multilateral registration.Since the accession to the WTO,China's legal protection of geographical indications has always been the coexistence of a variety of protection modes,which also led to confusion in the management system in practice,the actual level of protection is not high,and China's geographical indications of resources do not match the status of a big country.Therefore,we should comply with the new situation of the development and protection of geographical indications in the international law.While adhering to active negotiations and strong protection positions,we should also promote the continuous improvement and improvement of the legal protection system for geographical indications in China.This article mainly includes the following five parts:The first part of the introduction mainly introduces the research background and significance of the thesis,domestic and foreign research review,research contents and methods,and major innovations and deficiencies.The second part is the analysis of the basic theory of geographical indications.First of all,through the study of the definition of geographical indications in the TRIPS Agreement and the extension of relevant concepts,the connotation and characteristics of geographical indications are determined;then the attributes ofgeographical indications are clearly defined;finally,the main protection models of geographical indications are studied.The third part is the study of the source protection of geographical indications.Through research on the GI provisions in related international agreements,the current situation of the international legal protection of geographical indications was combed and analyzed.The fourth part is the analysis of the new situation of the development of international legal protection of geographical indications.First of all,through the study of the negotiation pattern and interest balance of the legal protection of geographical indications in the post-TRIPS era,the game is analyzed.Second,taking a series of regional trade agreements dominated by the EU and TPPs dominated by the United States as examples,the protection of geographical indications in the TRIPS-increase agreement is analyzed.Finally,the paper analyzes the new situation of the international legal protection of geographical indications from the aspects of the expanded protection of geographical indications and the multilateral registration of geographical indications.From the perspective of international protection,the fifth part studies the protection and improvement of geographical indication protection in China.First of all,it analyzes the status quo and insufficiency of geographical indication protection in China,and then on this basis,combined with the new trend of international legal protection,proposes that special protection of geographical indications should be implemented,and at the same time,the position and position of geographical indication protection standards should be clearly defined so as to promote the geographical indications in China.Protection and international protection are better linked.