Legal Protection Of Geographical Indications Of Genuine Medicinal Materials In Gansu Province

Gansu Province is the main producing area of "Qin Medicine" or "Western medicine".It is known as "thousand-year-old Medicine Village" and "natural medicine storehouse".The planting area and output of Chinese medicinal materials in Gansu ranked first in the country,the counties of Min County,Longxi County,Weiyuan County,Gansu,Xihe County and folk music were awarded by the Ministry of Agriculture respectively as the home of Chinese Angelica,the home of Chinese Astragalus,the home of Chinese Dangshen,the home of Chinese Banxia and the home of Chinese Banlangen.Gansu is a province with large resources of Chinese medicinal materials,but a province with small output value.The geographical indication is an important intellectual property right which is widely concerned by the international community nowadays.It has the natural pro-agriculture attribute,the regional characteristic and the effect of protecting the local culture and ecology,its natural bearing reputation has a unique economic value and has a positive role in promoting regional economic development.The Chinese Medicine Law encourages the adoption of measures such as geographical indication product protection to protect genuine medicinal materials,which have the dual attributes of agricultural products and medicines.Geographical indication is a powerful policy tool to realize the sustainable development of traditional Chinese medicine industry.Our country joined the Paris convention in March 1985,which gave rise to the obligation of protecting "the name of origin".After China joined WTO in 2001,in order to fulfill the obligations of Trips Agreement,the Trademark Law was amended in 2001,and the provision of geographical indication was added,which raised the geographical indication to the legal level for registration protection.China adopts the protection mode of law + regulation,and there are mainly three administrative systems involved in the protection of geographical indications.This protection model of geographical indications has made positive contributions to leading local characteristic industries,but there are also problems such as overlapping protection and lack of effective communication and cooperation among them,and the most outstanding is the overlapping protection brings the power conflict question.In this paper,the protection of geographical indications of genuine medicinal materials in Gansu Province is studied.The article is mainly divided into four parts.In the introduction part,the background and significance of the research,the research status and research methods are expounded.The first chapter is an overview of the protection of geographical indications of genuine medicinal materials,including the origin and definition of the concept of the protection of geographical indications,the general situation of China’s geographical indications system,the compatibility of geographical indications protection of genuine medicinal materials;The second chapter is the analysis of the current situation of the geographical indication protection of Gansu genuine medicinal materials,including the current situation of the geographical indication protection of Gansu genuine medicinal materials,this paper also makes an empirical study on the Protection of geographical indications of genuine medicinal materials in Gansu Province ——Angelica Sinensis from Min County,and puts forward the existing problems in the protection,including the idea of improving the protection system of geographical indications and strengthening the protection of geographical indications of genuine medicinal materials in Gansu.In the light of the Protection System of geographical indications in China,this paper puts forward two ideas,namely,the protection mode based on special law and the control and management right granted to the registrant under the mode of Trademark Law,in view of strengthening the protection of geographical indications of genuine medicinal materials in Gansu Province,this paper puts forward five suggestions,such as speeding up the local legislation process,strengthening the management of geographical indications,strengthening the construction of trade associations,actively exploring the overseas protection of geographical indications,and strengthening the dissemination and export of the culture of genuine medicinal materials in Gansu Province.