The Dilemma And Reconstruction Of Geographical Indication System In China From Value Perspective

China’s geographical indication system began with transplantation and developed three management mechanisms at the same time.Although a large number of geographical indications have been registered since establishment,its practical operation and system effect are not very satisfying.Besides,the relevant research is lack of theoretical base and the relevant reform is lack of substantiality.Therefore,it is important to explore the operation theory of GI system with the value of GI system as the entry point.The economic value is dominant in the value of the geographical indication system.Geographical indications gain economic value by generating a premium through reputation,which is generated and maintained through the indication of the origin of the indication and the stability of the quality of the related products.This is the basic way for the GI system to operate and generate value,so can call it "fixed factor".Based on national conditions,there are different ways to achieve the fixed factors,which are called "variable factors".In the traditional geographical indication system,the trademark system tends to be "developmental" and the specialized system tends to be "security",but both of them stimulate the value of the geographical indication system through the realization of "fixed factors".According to this analysis of China’s geographical indications system from this perspective,it is clear that the whole system suffers from the dilemma of unclear source indication and inconsistent product quality.the dilemma of weak source indication and difficulty in guaranteeing product quality within the specialized law system,and the dilemma of ambiguous source indication function and inadequate product quality determination and supervision within the trademark law.Therefore,it is difficult to realize the value of the GI system.Hence,from the perspective of value,we should aim at achieving "fixed factors" while fully considering "variable factors" to build a "pyramidal" geographical indications system for China,that is,to build an independent special law on geographical indications and connect it with trademark law to make it external unification and internal classification.And by the trademark law in the form of underwriting,to protect the majority of geographical indications with large base and general quality;by the special law to protect geographical indications with obvious economic value or superior product quality.