Discussion On Some Problems In The Litigation Of Geographical Indications In China

Most of the GIs of agricultural products for the product, and therefore geographical indications for promoting agricultural economic development, increasing farmers’ income, comprehensive rural development has important practical significance. Practice has proved that the rapid development of the industry has become the GIs to promote China’s central and western regions, especially characteristic economy, the development of regional brand new engine, but also China’s poverty reduction strategy and vigorously promote accurate strong starting point. For example "Wenshan radix notoginseng", "Puer tea" as the representative of geographical indications, greatly promoted the rapid development of Yunnan "cloud" series features industry.But the system of protection of geographical indications is still "those policies," especially for GIs reality prevails and rights infringement and other difficult concern was not enough, so GIs right enjoyed by rights holders in a non-perfection, incomplete status. Infringement prevalent mainly in counterfeit geographical indications, abuse of geographical indications and special signs and false propaganda "Pong origin" to mislead consumers, etc, so that GIs market was mixed, real to the enemy; activists difficult geographical indications is mainly embodied in two aspects:First, administrative regulation and inefficient. We are defenders of the traditional understanding of GIs mainly refers to administrative supervision department of law enforcement inspection active or passive. For example in 2014, AQSIQ issued "to carry out the 2014 geographical indications protection products special supervision and inspection work notice" document, it is undeniable that this executive-led activist mode to some extent also regulate the period of time GIs market order, but with the need for rapid expansion of the scale of the industry and the development of modern society, law enforcement inspection "gust of wind" type can not solve the problem of infringement of geographical indications; the second is the absence of judicial protection. Judicial protection of geographical indications lag not only in GI right holders rights consciousness, and even more performance in our rough justice for GIs protection provisions lack of operability.In this paper, GIs rights litigation issues for the study of the geographical indications of the right to conduct a more comprehensive analysis, pointed out that the issue of infringement Situation and judicial proceedings that may be encountered, and on this basis to discuss many issues preliminary theory. This paper consists of four core components: First, the GIs rights litigation in the "right" words are clearly defined, namely Geographical Indications; second, to the basic theory of tort liability, analyzes the relevant GIs infringement issue and pointed out the need to defend their rights; third, analysis of the real obstacles to our GIs judicial proceedings that may be encountered in the. process and extraterritorial comparison; fourth, to talk about the problem based on the above obstacles, the more targeted the plaintiff eligibility determination, infringement that standard, few damage compensation issues, the burden of proof and other preliminary theoretical response.