Deficiencies And Improvements Of The Legal Protection System Of Geographical Indications In China

As a special intellectual property object,geographical indications identify products originating from specific regions and indicate their unique qualities closely related to the geographical environment and human factors of the place of origin,so geographical indication products have high economic value and good market development prospects.China is rich in geographical indication resources,and in order to give full play to its economic and social benefits,China has continuously strengthened the protection of geographical indications,forming a system including collective trademark and certification trademark protection system,geographical indication product protection system and agricultural geographical indication protection system.Although the three systems protect geographical indications from different perspectives,due to the lack of coordination among them,there are many problems such as overlapping protection and conflicting rights in practice,and it is crucial to systematically construct the legal protection system of geographical indications in China at this time.With the adjustment of the management function of geographical indications by the national institutional reform in 2018 and the explicit inclusion of geographical indications as one of the objects of intellectual property rights in the Civil Code,all these have pointed out the direction for the construction of a special protection system for geographical indications in China with special law as the core.In this context,we start from the current situation of legal protection of geographical indications in China,take the research problem as the guide,based on the dilemma faced by the protection of geographical indications in China at the present stage,and provide insights for the construction of a special protection system for geographical indications in China through the overseas investigation and the specific national conditions.The first part briefly reviews the formation process of the existing geographical indications protection system in China and introduces the protection of intellectual property rights of geographical indications under the Civil Code;the second part examines the legal protection of geographical indications under the coexistence of three systems from a practical perspective,and combines typical cases such as The Xiang Lian case.The third part examines the legal protection system of geographical indications in representative countries,and provides reference for the future development of geographical indication protection in China through analysis and comparison.The fourth part is to improve the protection system of geographical indications in China,and to improve the protection level of geographical indications in China by constructing a coordinated and unified special protection system of geographical indications.