Research On The System Of Distribution Of Benefits Of Geographical Indications

Since China’s accession to the WTO and becoming a member of TRIPS Agreement,geographical indications have also been included in the scope of protection of Intellectual Property Rights in China.China has a long history and a vast territory,and is a veritable country of geographical indication resources,and geographical indications are of great significance for opening up international markets,promoting Regional Economic Development in China,increasing peasant incomes and promoting rural revitalization.Practice has also proved this,for example,Dujiangyan kiwifruit geographical indication products,as the top 100 iconic brands of Chinese agricultural products in 2021,have driven local production and growers to increase their income and become rich,with a per capita annual income of more than30,000 yuan,and also used its “green business card” to broaden the international market and export Dujiangyan kiwifruit overseas.However,geographical indications as a relatively new thing,compared with many other countries in the world,China’s geographical indications started late,the development is also in the initial stage,although the legislation draws on the successful experience of international and other countries,but also caused a chaotic situation of protection mode.Just as the three laws currently involved in the geographical indication system in China are the Trademark Law,the Provisions on the Protection of Geographical Indication Products,and the Measures for the Administration of Geographical Indications of Agricultural Products,which respectively adopt the trademark law protection model represented by the United States and the special law protection model represented by France,different protection models have different considerations for the rights attributes of geographical indications,the subjects of rights and the specific system,so China’s current three laws and the mixed protection model of the two models.As a result,the legal system of geographical indications seems to be perfect,but there are problems such as unclear subjects of rights and lack of provisions on rights and obligations,resulting in an imbalance of interests between subjects in reality,and the development of geographical indications is seriously restricted.The ultimate goal of the construction of the geographical indications system is to realize the value of geographical indications,and the realization of the value lies in the adoptionThe use of geographical indications to enhance the visibility and reputation of geographical indications has a promotional and promotional effect,but a one-sided emphasis on the protection of the use of the behavior will lead to a serious imbalance in the distribution of benefits.The interests of geographical indications always belong to individual producers and sellers of geographical indication products in the region of origin,and the economic benefits derived from the development and use of geographical indications should not only be distributed to the subjects applying for registration and using geographical indications on products,if the geographical indication system only stays at the level of protecting the use of acts,then it will cause an imbalance in the distribution of benefits,which in turn will lead to an imbalance of rights.In the process of protecting the use of behavior,we can not ignore the attention to the rights and interests of the source of geographical indications,only by building a fair and reasonable benefit-sharing mechanism,can we not only form a monopoly on geographical indications,maximize the value of geographical indications within a reasonable range,but also leave a certain interest space to return economic benefits to producers and operators in the region,so as to promote the benign development of geographical indications.This paper aims to construct a fair and reasonable system for the distribution of benefits of geographical indications,and is divided into three chapters from the perspective of framework structure and logic.The first chapter raises the question,first of all,the distribution status and dilemma of China’s geographical indications analysis,at present,China’s legal system on geographical indications is not unified,the subject of rights and content provisions are not clear,resulting in in the practice of various stakeholders for their own rights and obligations of the cognition of confusion,the distribution of interests imbalance,so that it lacks the impetus to promote the development of geographical indications,restricting the development of geographical indications.The purpose of this paper is to provide an idea for the construction of the gita benefit distribution system,to carry out a preliminary system design,and before that,it is necessary to analyze the basic principles of the distribution of gita benefits,which is also the content of the second chapter of this paper.In this chapter,the concept,source and nature of the interests of geographical indications are first defined,and the legitimacy of the distribution of the benefits of geographical indications is theoretically discussed,and the mechanism of the distribution of the benefits of geographical indications is analyzed,and it is proposed to realize the distribution of benefits through the construction of a property rights system and the redistribution of benefits.In chapter 3 of this article,the author proposes specific countermeasures for regulating the distribution of benefits of geographical indications from the perspective of the legal system.On the basis of the research in the first two chapters,this chapter attempts to design the property rights structure and redistribution system of geographical indications,in which the stakeholders enjoy their rights in accordance with the provisions of the law or the provisions of the contract,and obtain corresponding benefits,by guiding the two or more parties to sign agreements on the use of geographical indications and clarify the distribution criteria,to ensure that the benefits are returned to individual producers and sellers,and finally to improve the operating mechanism of the distribution of benefits from the procedure.