| As a new type of intellectual property,geographical indications are not only conducive to the sustainable development of regional economy and local industries,but also have a profound impact on the inheritance and promotion of traditional regional culture.Internationally,it can effectively promote international economic and trade exchanges and cooperation.Our country is rich in land and material resources,giving birth to 56 different national cultures,with a long history of five thousand years,geographical indications resources are undoubtedly very rich,the protection of geographical indications for the development of intellectual property system in China has an important role.In recent years,through the continuous exploration and efforts of national legislation and social practice,people’s awareness of geographical indications protection is increasing day by day,the potential of geographical indications resources in China has been effectively explored,and the category of geographical indications products has grown rapidly.The society’s understanding and attention to geographical indications is still in the primary stage,and the system of protection and development of geographical indications is still gradually improving.Based on the current protection of geographical indications in China,this paper summarizes the problems existing in the protection of geographical indications in China at the present stage through a large number of literature reading and judicial cases.The purpose is to develop the health and sustainable development of this field in our country.Based on the development of geographical indication protection in China,this paper summarizes the present situation of geographical indication protection,through the study of relevant judicial cases,combs the problems faced by geographical indication protection in China.And put forward practical suggestions to improve.It mainly includes the following aspects: first,the scope of protection of geographical indications in China,the current protection of geographical indications in China only stays on agricultural products,handicrafts and some industrial products,it is suggested that the service industry should also be included in the scope of protection;second,there are defects in the delineation of geographical indications products,which should not be divided by strict administrative areas,and natural and human factors should be fully taken into account;third,the identification criteria for the infringement of geographical indications in China should be clarified to provide practical theoretical support for judicial practice;Finally,the identification of the rational use of geographical indications,clear geographical indications "proper use" criteria.Through the in-depth study of the above problems,in order to provide some enlightenment for our country to choose the road of geographical indication protection suitable for our country’s national conditions and to improve the level of geographical indication protection as a whole. |
