The Research On The Legal Protection For Geographical Indications Of Agricultural Products

In recent years,the Geographical Indications of Agricultural Products has played an important role in the development of agricultural economy in China,because it can be used as an effective way of our country to develop advantageous and characteristic agricultural industry and to promote the structural upgrade of agricultural industry.With the signing of China-EU agreement on geographical indications further legal protection requirements have been brought up.Give the perfect legal protection for Geographical Indications of Agricultural Products,enable us can respond to both international and domestic requirement.At present,China’s legal protection of Geographical Indications of Agricultural Products is in a state of three parallel tracks,that is,based on the Trademark Law,the Provisions on the Protection of Geographical Indicated Products,and the Measures for the Administration of Geographical Indications of Agricultural Products.The three protection systems have their own characteristic for the protection of Geographical Indications of Agricultural Products,but they have not yet established an organic connection among them.In the current context of comprehensive protection,it seems possible to form multi-path relief for it,but there are a number of problems in practice:In the process of protection there are overlapping protection problems,the blocked path of judicial remedy during protection makes judicature activities unable to play their due role and frequent," The Tragedy of the Commons " and other problems in the use of Geographical Indications of Agricultural Products.Compared with other countries,China protecting Geographical Indications of Agricultural Products is still in the process of finding the best way of protection.We can draw on the overseas experience in legal protection Geographical Indications of Agricultural Products:a system for protecting Geographical Indications of Agricultural Products in accordance with local conditions and national conditions will be most suitable.The legal protection of Geographical Indications of Agricultural Products needs to be jointly promoted by legislation,law enforcement,judicature practice and major stakeholders.On the level of legislation,we can establish a system protection for Geographical Indications of Agricultural Products:as for such protection,it is vital to give priority to specialized law and take the Trademark Law as supplement.On this basis,we can give full play to the role of local legislation in protecting it,so as to coordinate the work of legislation locally and nationally.On the level of administrative enforcement of law,we can integrate the law enforcement forces of different administrative organs to conduct joint law enforcement and enhance administrative protection.In terms of judicature practice,it is necessary to unblock the ways of judicial remedy for Geographical Indications of Agricultural Products,clarify the solution of relevant problems in judicial practice,and give full play to the role of judicature activities in the protection of it.Through the establishment of a benefit sharing mechanism make Stakeholders play their due role in the protection of Geographical Indications of Agricultural Products.