Research On Legal Protection Mode Of Geographical Indication

In the 14th Five-Year Plan,it is clearly proposed to vigorously promote the revitalisation of the countryside and the sustainable development of special industries.Geographical indications,which are closely related to the natural or human factors of a certain region,are the unique geographical characteristics of the region,and are bound to become an important tool for building brands of agricultural products and promoting precise poverty alleviation and comprehensive revitalisation of the countryside.At the same time,because it points to the specific origin and quality of agricultural products,geographical indications are used as one of the marks for product access in international trade.With the signing of inter-regional economic and trade cooperation agreements such as RCEP and CPTPP,the function of geographical indications as a tool for international trade has become more and more important to the international community,and China has also signed the China-EU Geographical Indications Agreement with EU countries,so geographical indications will bring new development opportunities for the international trade of China’s special products,which of course also puts forward higher requirements for the legal protection level of geographical indications in China.At the present stage,there are three independent protection models for geographical indications in China,but in practice,each of the three protection models operates independently according to its superior laws and regulations,lacking a communication mechanism,making the protection of geographical indications in China a situation where the protection models are "triple-legged" and conflicting,resulting in different concepts,multiple management,overlapping These problems are obviously a great obstacle to the healthy and sustainable development of China’s geographical indication industry,which makes the systematic construction of a legal protection system for geographical indications particularly important.In this paper,we focus on the protection system of geographical indications at home and abroad.On the basis of the development of the concept of geographical indications and the protection models at home and abroad,we analyse and refine the existing protection of geographical indications in China in the light of the practical situation,and finally propose the best protection model for the legal protection of geographical indications in China,with a view to stimulating the potential of geographical indication resources in China to the greatest extent and enhancing the market competitiveness of geographical indication products in China.The article will use historical research,comparative analysis,and the legal protection of geographical indications.The article is divided into the following five parts: firstly,in the introduction,the background significance of the study and the current situation of domestic and foreign research are explained.In the second part,the evolution of the concept of geographical indications and related intellectual property rights is analysed in the light of the evolution of international treaties such as the Paris Convention,in order to determine the specific scope and legal characteristics of geographical indications.In the third part,the advantages and disadvantages of three different models of geographical indications protection adopted internationally are analysed to provide reference for the choice of geographical indications protection models in China.In the fourth part,the three existing geographical indication protection systems in China are examined in terms of their establishment process and main provisions.A rational analysis is made of the existing problems,pointing out the existence of inconsistent legal provisions,overlapping protection and confusing management,and paving the way for the following suggestions for improvement.In the fifth part,suggestions are provided for the improvement of the geographical indication protection model in China.Based on the provisions of the Civil Code,and taking into account the existing problems and the inspiration from overseas protection experience,this section proposes concrete and systematic suggestions for the formulation of a special law,the unified authorization and confirmation of rights,the strengthening of management,and the resolution of conflicts with trademarks,from the perspective of constructing a special protection system and harmonizing the relationship with trademarks,in response to the specific problems pointed out in the fourth section.