Research On The Legal Protection Of Geographical Indications In Minority Areas

Compared with trademarks and other intellectual property rights,geographical indications belong to the internationally recognized new intellectual property rights,and have some legal attributes that are different from trademarks.Geographical indication not only reflects the relationship between specific geographical environment and products,but also marks the specific quality,reputation and other characteristics of products,and it also reflects the creative work achievements and huge commercial interests behind the products.In addition to the strong regional characteristics,the geographical indications in minority areas also have strong national characteristics.Therefore,it is of profound theoretical and practical significance to study and protect the geographical indications in minority areas.Enshi Tujia and Miao Autonomous Prefecture is the youngest minority autonomous prefecture in China and the only minority autonomous prefecture in Hubei Province.Therefore,this paper takes Enshi Tujia and Miao Autonomous Prefecture as an example to study the legal protection of geographical indications in minority areas.At present,the legal protection of geographical indications in minority areas is not sufficient.The reasons include both subjective and objective factors.Subjective factors,mainly local governments in national regions and the management of geographical indication value degree is not high,leading to quality supervision system of geographical indication is not sound,a few small geographical indication industry association play a role in national regions and minority areas improper protection of geographical indications of applicable laws and regulations,market law enforcement and weak supervision,etc.;Objectively,the main reason is the lack of special legislation on geographical indications in minority areas.Therefore,it is necessary to draw on the advanced experience of foreign countries in the protection of geographical indications,including coordinating the relationship between geographical indications and trademarks,establishing the protection mode of special law of geographical indications,establishing and perfecting the trade association of geographical indications and improving the popularity and recognitionof geographical indications.At the same time,taking into account the actual situation of ethnic minority areas,we will adopt comprehensive measures in terms of legislation and law enforcement.First of all,it is necessary to improve the legal protection system of geographical indications in ethnic minority areas,promulgating special laws on the protection of geographical indications at the national level,and promulgating special regulations on the protection of geographical indications in ethnic minority areas,as well as supporting implementation measures.Secondly,it is necessary to define the legal protection mode of geographical indications in minority areas as a special legal protection mode.Thirdly,it is necessary to clarify the subjects responsible for the protection of geographical indications in minority areas.Fourth,it is necessary to unify the declaration standards of geographical indications in ethnic minority areas.Finally,it is necessary to strengthen the enforcement and supervision of geographical indications.Through the construction of these measures,to better strengthen the legal protection of geographical indications in ethnic minority areas,better play to the advantages of the autonomy of ethnic autonomous areas,to promote the economic and social development of ethnic minority areas,so as to promote the implementation of the national intellectual property strategy.