Research On Legislative Protection Of Geographical Indication In Yanbian Korean Autonomous Prefecture

Geographical indications(hereinafter ’ GIs’)are not only the important intellectual property,but also the significant carriers in the new era for the characteristic economic development of ethnic minority in the border area.After GIs are intended to be the intellectual properties of TRIPS,more and more countries paid attention to the protection of GIs.Since China joined WTO,the central government and the local governments have introduced several laws,rules,and regulations to protect GIs.Yanbian Korean Autonomous Prefecture is located at the junction of the three countries and the Changbai Mountains,thus,there are abundant natural resources as well as many ethnic products.In the other words,Yanbian Prefecture is rich in GIs resources,and it gradually prompted GI-related industries to be the important supports for the local economic development.To coordinate the problems of the central legislative protection of GIs in local practice,protect and develop the ethnic minority products,and strengthen the supervision and protection system,it is necessary for Yanbian Prefecture to carry out comprehensive and special legislation for GIs.Therefore,this paper analyzes the necessity of legislation on GIs in Yanbian Prefecture based on the actual situation of Yanbian Prefecture.Furthermore,this paper demonstrates the feasibility of legislation and proposes specific legislative ideas according to the legislative authority of Yanbian Prefecture,the past legislative effects,the practical experience of GIs legislation elsewhere,and the effect brought to Yanbian Prefecture after passing the prospect legislation.This paper consists of 5 main sections:The first section is an introduction which expounds the background and the significance of studying the legislative protection of GIs,briefly analyzing the research achievements of GIs connotation,protection mode,nature of rights,and local production.The second section sketches out production of GIs.The concepts and the features of GIs are elaborated,economic and cultural impacts of GIs is also analyzed.Furthermore,this part introduces the main protection mode of GIs,and summarizes the GIs protection system of our government.The third section fully demonstrates the necessity of legislative protection of GIs by combining the relative laws,rules,regulations of GIs and the practical application of GIs protection in Yanbian.In the fourth section,the feasibility of legislative protection of GIs is fully proven based on the legislative authority of Yanbian Prefecture,practical experiences in other places,and the impact of legislation of GIs on the development of Yanbian.The last section talks about the specific conception of the legislative protection of GIs in Yanbian.The legislative models and principles are clarified beginning with the fundamental purpose of protecting GIs,improving the application level of GIs,driving local economic development,and promoting the ethnic minority culture.Moreover,the specific ideas of Yanbian GIs legislation are proposed according to the necessity and feasibility analysis.