Research On The Legal Protection Of Agricultural Geographical Indications

As the most closely related intellectual property rights with agriculture,geographic indications have been effective in promoting agricultural development.Although geographical indications of agricultural products bring benefits to agricultural development,there are many inconsistencies and even conflicts in the system implementation and market practice.At present,the legal protection of geographical indications of agricultural products in China can be classified into two-track system and three-sector system,which makes the protection of geographical indications in our country in a confusing state.But the biggest problem is the conflict of rights between geographical indications and trademarks.And the"Xuyi Longxia Case" in this paper is a typical case of this kind of rights conflict.In practice,such conflicts of rights are often finally resolved through judicial adjudication.However,because of the focus of attention and the basis of judgment are different,the judicial precedents are contradictory,which leads to the parties unable to make a reasonable judgment on the relevant disputes and is not conducive to settling disputes and stopping disputes.This article is divided into six parts.The first part starts with the Xuyi Longxia case,introduces the case and the legal relationship in detail,and raises questions in view of the case.The second part explores the current situation of the protection of geographical indications of agricultural products in China from three perspectives:value orientation,achievements and problems.The third part is an overview of the conflict between geographical indications and trademarks,which includes two sections.The first section analyses the external manifestations of the conflict.The second section discusses the causes of the conflict between geographical indications and trademarks of agricultural products.The third part is an overview of the conflict between geographical indications and trademarks,which includes two sections.The first section analyses the external manifestations of the conflict between geographical indications and trademarks of agricultural products.The second section discusses the causes of the conflict between them.The fourth part of the article lists the main ways of dealing with the conflicts in the world,introduces the relevant protection modes and evaluates each mode.The fifth part introduces the basic principles of resolving the conflict,including the principle of reasonable use,the principle of equal protection,the principle of priority of time and rights,etc.It also points out the general idea of resolving the conflict as a whole.The last part elaborates the concrete measures,that is,firstly,to perfect the trademark law and do a good job of linking up ministries and departments,secondly,to reconstruct the protection mode and establish a special protection system,and finally,to play the role of trade associations and strengthen the monitoring system.