Research On The Protection Of Geographical Indication Of Agricultural Products

China is a country with a long history of agricultural civilization in its traditions. The longstanding agricultural civilization has bred massive subjects for protection of geographical indication. This essay is dedicated to the analysis of both national and international stipulations and patterns of protection for protection of geographical indication. The analysis follows the thread of"Hainan Province-China-International Community"which describes the topic staring from the situation in Hainan Province. The essay consists of four parts.The first chapter starts with the current situation of protection of geographical indication in Hainan Province. There are so many potential excellent agricultural products ready for the application of national geographical indication nowadays. However, the pattern of current protection of geographical indication needs to be modified. For example, the promotion is not good enough in terms of the existing products which have geographical indications. Moreover, the benefits which can be generated from intellectual property rights are not paid enough attention. For those products that have no geographical indication yet, the extent of exploitation is not enough and needed progress.The second chapter lays out several stipulations for protection of geographical indication as well as some successful countries in this field. Those examples includes the analysis on Agreement on Trade—Related Aspects of Intellectual Property Rights, i.e., TRTPS; Paris Convention on the Protection of Industrial Property; Madrid Agreement Concerning the International Registration of Marks; Lisbon Agreement for the Protection of Application and Their International Registration and so on. Moreover, France and the United States are the two representatives for the patterns of protection of geographical indication under discussion.The third chapter analyzes the current national situation for protection of geographical indication in China. Firstly, there are conflictions among the three existing systems for protection of geographical indication. In practice, laws and governmental regulations are overlapped and contradicted. Secondly, the geographical indications gained with good faith in the past make themselves problems at present. Thirdly, there are the problems in which geographical indications are bad faith applied by some unqualified or improper products. The possible solutions are offered for those problems. For some serious conducts which invades legal right of agricultural products with geographical indications, they may commit Forgery of Trade in the criminal sense under Penal Code in China.The fourth chapter focuses on the concrete construction of protection of geographical indication in Hainan Province. Firstly, it mentions the administrative legislation in protection of geographical indication. Secondly, it talks about the administrative management in practice for the instant issue. Thirdly, based on the cutting point of a pattern characterized of market-orientated as well as governmental support at the same time, the protection of geographical indication can be done associated with practical economical management. This pattern may arouse some interests of local government agencies in command of regulating, as well as some business operators in the filed of marketing such agricultural products with geographical indications.