Research On The Protection Of Geographical Indications Of Agricultural Products In Yunnan Provinc

As an intellectual property right closely related to "agriculture,rural areas and farmers",most of the protected geographical indications are agricultural products.As an ancient agricultural country,China has given birth to many characteristic agricultural products since ancient times,and the development potential of agricultural products market has broad prospects.For agricultural products geographical indication of agricultural products geographical indication "strict protection,rapid protection,and protection" and high quality development,conforms to the strategy of intellectual property power in China,for Yunnan province can also promote the rapid development of characteristic agricultural products industry,build good Yunnan province of characteristic agricultural products card and brand,for the "three rural" enterprise in Yunnan province.At present,the study of agricultural products geographical indications is more,most is from the perspective of legal protection theory,can say that the theoretical research construction is relatively complete,but from the specific areas of agricultural products geographical indication protection research is relatively rare,including the study of agricultural products geographical indication protection in Yunnan province is more rare,worth our attention and research.In reality,most agricultural geographical indications in Yunnan province are still in a stage of registration and protection,with less consideration in landmark management,protection and development,etc.In recent years,despite many work and efforts,no protection and development system for the cultivation,management,development and protection of agricultural geographical indications.At the same time,there is also some confusion in the market of geographical indication agricultural products,some agricultural products still have a certain gap in the quality distance to meet the relevant standards,the quality can not be stably guaranteed,consumers lack of confidence in it,seriously affecting the orderly development and development of the characteristic agricultural products market.In the face of many problems,on the basis of analyzing the reasons behind the problems facing the problem,how can the geographical indications of Yunnan Province agricultural products can be better protected,which is the research focus of this paper.The author will through the literature analysis,comparative analysis,data analysis method analysis domain inside and outside of geographical indications of agricultural products,within the current legal system in our country,starting from the actual situation of Yunnan province,put forward some effective Suggestions of legal protection,so as to improve the competitiveness of agricultural products in Yunnan province,promote the healthy development of geographical indications of agricultural products industry in Yunnan province.This article is specifically divided into six parts:Chapter I The Related Basic Theory of Specification Analysis.First,clarify the relationship between the geographical indication of agricultural products and related concepts;second,as a special industrial property right,its concept,characteristics and trademark rights;third,it is the definition and reasonable use of the infringement of geographical indications of agricultural products;fourth,the legal theory and economic value of the geographical indication of agricultural products.The second chapter is the protection status of the geographical indications of agricultural products in China.The geographical indications of agricultural products in Yunnan Province have strong regional characteristics,and their protection must start from the overall situation of geographical indications protection in China and the successful protection practices of typical areas.The third chapter is the status quo of geographical indications protection of agricultural products in Yunnan Province.In this chapter,the author collects and summarizes the data and charts of the registration and protection of geographical indications of agricultural products in Yunnan Province,and puts them into the empirical materials for the protection of typical agricultural products in the province,so as to show the special status of the protection of geographical indications of agricultural products in Yunnan Province.Chapter four is the existing problems and causes of the geographical indication protection of agricultural products in Yunnan Province.In the process of protecting the geographical indications of agricultural products in Yunnan Province,there are some problems,such as attaching importance to the registration quantity,neglecting the quality protection,insufficient law enforcement,chaotic protection and management,and frequent infringement.The reasons behind this are the weak sense of protection,the conflict of the current legislation and the chaos of administrative protection.Chapter five is the protection of the geographical indications of foreign agricultural products.The author discusses the international treaty protection of the agricultural products’ geographical indications,the protection system of the geographical indications in France and the United States,the protection mode of the geographical indications of the agricultural products and the specific protection system.It not only provides international protection experience,but also lays the foundation for Chapter VI.Chapter six is the relevant suggestions on the protection of the geographical indications of agricultural products in Yunnan region.Suggestions are put forward to enhance the protection awareness of the agricultural products’ geographical indications,improve the protection legislation,straighten out the administrative protection system,and pay attention to the international protection of the geographical indications of agricultural products.