Study On The Protection Of Geographic Indications Of Agricultural Products

The concept of geographical indications dates back to the 19 th century in France,where it was used to show the market position of specialty products such as French wine.Subsequently,in order to enhance the international protection of its own specialty products,France incorporated the concept into the Paris Convention,and then experienced the soundness and enrichment of the Madrid and Lisbon Agreements,which were finally established as a special right in the Agreement on Trade-Related Aspects of Intellectual Property Rights adopted in the 1990 s.Since then,geographical indications have been widely recognized and cited in international treaties and laws.Attention to geographical indications,France,the United States,Japan and other major powers are also constantly improving the legislation on the protection of geographical indications.However,the legal protection of geographical indications in China still begins with China's accession to the < TRIPS > agreement,and all kinds of legal provisions are still in a state of division,and a complete framework for judicial protection of geographical indications has not been constructed.Under this historical background,how to make the geographical indication of agricultural products better protected is the main point of this paper.At present,most of the research on the establishment of protection mechanism is based on the application process involved in a certain provision or interpretation or a geographical indication product to the treatment of infringement,paying attention to deductive and individualized analytical methods,lack of generalization,systematic principle construction,are attached to the study of other topics,compared with the specific case-based research is more abundant.Some people propose to protect it through trademark law,or through special law,or two or even many kinds of legislation together,some "two-track" protection modes may be involved behind it,which has certain reference significance for this study,but the starting point is based on the view of departure.The corners are different,and the argument is very limited.The author tries to obtain the concept of geographical indication,the protection mode and present situation at home and abroad by means of literature comparison and case study at homeand abroad.Taking the protection of Junshan Lake hairy crab,the geographical indication of local agricultural products in Jiangxi Province as an example,this paper deeply analyzes the concrete problems in real life,and puts forward some countermeasures for the protection of geographical indications in accordance with the current national conditions of our country.The full text is divided into four chapters.The first chapter analyzes the related concepts of geographical indications,their properties and the differences from similar concepts.Based on the analysis of the basic theories similar to the source sign and the name of origin,this paper analyzes the concept and clarifies the legal nature,as well as the political,economic and cultural significance.The second chapter discusses the current situation of foreign geographical indications and related legal protection models.By introducing the protection mode of France and other countries,the subject of protection and the dispute of protection,this paper analyzes the enlightenment of these systems to the establishment of relevant legal systems in China in the future.The third chapter expounds the situation of geographical indications of agricultural products in China,and analyzes the problems of geographical indications of agricultural products of hairy crabs in Junshan Lake,and introduces the relevant legal protection models.The fourth chapter points out the problems existing in the current legislation and practice of geographical indications,and puts forward some concrete suggestions for the construction of the system.The protection mechanism of geographical indications in our country should be implemented in the protection of the rights of applicants and users of agricultural geographical indications,and four levels of protection mechanisms should be formed.First,change the mode of protection,create a special regulatory system,and include the rights and interests of applicants for geographical indications of agricultural products and users in the scope of protection;second,in the aspect of industry management,we should formulate a system of practitioners,including standardizing production standards to legal protection and a series of provisions;third,in the aspect of procedural relief,improve disputes between applicants for geographical indications andusers To resolve the mechanism and construct the self-management organization of the industry in order to promote the dialogue and self-supervision within the industry at the level of eliminating conflicts and safeguarding the interests of purchasers,so as to provide procedural provisions for resolving disputes between applicants,users and consumers.Fourth,actively learn from foreign developed countries,establish a geographical indication applicant,user rights and interests protection system,from the system to ensure the realization of the rights of applicants and users.It is proposed that the protection law of geographical indications in our country should first implement the two-track legislative model supplemented by special law and trademark law as the transition,and then slowly move closer to the protection mode of special law.