Protection Institution Of Geographical Indication Of Liquor Products In China

China has already established a legal system on the geographical indication protection.The geographical indication issue became a hot spot in the field of intellectual property protection.Alcoholic liquor has strong source areal character.The geographical indication protection of alcoholic liquor is a crucial consideration in the WTO negotiation.The geographical indication protection system in China has so many deep-seated problems,which is one of the important reasons of chaos in alcoholic liquor market in China.The aim of this artical was to study geographical indication protection from the perspective of economics and law,and provide theory and policy proposal for improving the system on the geographical indication protection in China.The paper adopting Comparative Analysis, Case Analysis and Analysis of Econometric Models was divided into six chapters. The first stage is the general pandect, including the background and the significance, the aim of research and some certain definitions, general remarks of internal and external previous researches, the framework and methods, originalities and drawbacks. The background of Chinese protection for liquor's geographical indications belonged to the second part. It demonstrated the current situation, problems and internal factors of our protection for liquor's geographical indications. The economic analysis of our protection for liquor's geographical indications was in the third chapter. An economic research framework consisted of the economic connotation, economic effects, institutional economic and the economic influence to the intra-county. Moreover, Shaoxing Rice Wine is taken as an individual case of the protection for liquor's geographical indications and use DID Model to study the efficiency of the protection for liquor's geographical indications. The fourth part showed the international experience and trend of protection for liquor's geographical indications, introduced the international covenants and agreements, analyzed the foreign main measures, and the inspiration for us as well. The fifth part involved the law associated with the protection for liquor's geographical indications, analyzing the property of the liquor's geographical indications, its definitions of law and the status of legislation as well as the legal means. It also provided some suggestions for legislation's improvement. The last part was the mechanism of the protection for liquor's geographical indications. It compared all sorts of methods of the protection for liquor's geographical indications and set up a suitable system of our protection for liquor's geographical indications through the mechanism designing theory.The paper pointed out that the protection of geographical indications of China's liquor industry should build a market mechanism for integrated protection under the leading of the associations, improve the legal mechanism under the special legislation of the geographical indication, and adopt the mechanism of product strategy which mainly in rice wine, both wines and spirits. The paper made the following recommendations: Firstly, legislate "the People's Republic of China geographical indications Law" and " the People's Republic of China Industry and Association Law " as soon as possible; Secondly, re-demarcate the administration of law enforcement powers and responsibilities relating to the protection of geographical indications, to avoid the confusion of the approving of the existing geographical indications and the administrative law enforcement; Thirdly, advocate alcohol industry trade associations to carry out the management and service work under the provisions of Association rules, and exercise its terms and perform its duties as trade associations in a appropriate way; Fourthly, adjust the idea of judicial review, treat the Association regulation and rules as a form of civil law, as a supplementary state law; Fifthly, excavate the potentiality of geographical indications of alcohol, especially the source of rice wine, and accelerate the application and registration of rice wine product; Sixthly, make full use of the right of geographical indications to promote counties'economic development; Seventhly, strengthen the international registration and protection of geographical indication, and industry associations should play a role in the international protection of geographical indications.