The Research On The Protection Of Tourism Intellectual Property

The 21st century is not only the times of tourism economy development, but also the era of the knowledge economy development.Tourism intellectual property should be the exclusive right enjoyed by people who create this intellctual product.Tourism intellectual property is not only a kind of intangible property, but also a invisible tourism resources.Compared with traditional tourist resources, tourism intellectual property as a kind of invisible tourism resources contains a greater economic value and developmental potential. "The futuer world competition is the competition of intellectual property." With China's accession to WTO, tourism overall openess and the international development of the tourism intellectual property protection make tourism industry face greater competition and challenge. Tourism intellectual property protection will be the key to developing China's tourism economy.The paper is a multidimensional comprehensive research from the aspects of law and tourism economics. Using empirical research,comparative research and investigation method to verify systematically the significance of tourism intellectual property's concept, types, characteristics, structure and protection.Cases of tourism intellectual property rights and the author's investigation in the city of Guilin of Guangxi autonomous region cases summarize the present situation and the existing problems of the tourism intellectual property protection and put forward the countermeasures. Research results expand the traditional areas of intellectual property law and the academic field of tourism management in some degree, and has some guiding significance for the practice of tourism intellectual property protection.This paper is divided into three parts.The first chapter is about tourism intellectual property's basic theory. It mostly limited and descripted concept, characteristics, elements, types and the significance of protection. The object of tourism intellectual property is a intangible intellectual achievement which is achieved by tour operator's intelligence and creative work. In tourism, in order to attract more tourists, tour operators tend to constantly create new tourism products. Tourism intellectual property protection has a great significance for stimulating tourism innovation, protecting tourism intellectual achievements and promoting tourism development.Chapter 2 studies current situation and problems of tourism intellectual property protection in which it mainly summarized the real achievements and existing problems the tourism intellectual property have had. On the analysis of the status accomplishment of intellectual property protection in China, it pointed out the problems of our country tourism intellectual property protection in legislation, enforcement, judicial, and on enterprises' practical application, and especially analysis the current hotspots of tourism intellectual property, such as trademark name of scenic spots, conflict between geographical indications and trademark of travel products, tourism line design and creative ideas protection and the protection of folklore arts copyright in the tourism destination, form a legislative aspect.The last chapter is the key of the whole graduation thesis. On the legislation, it asks to perfect the current trademark law, copyright law, patent law in order to solve tourism protection of the intellectual property rights. On the law enforcement, it asks to establish unified intellectual property protection system and protection department of intellectual property of tourism industry in order to enhance the administrative law enforcement efficiency. On the judicature, it asks an internal reform of the judicial system and to further perfect intellectual property court "virtue" judicial system in order to compensate the shortage of'double-track". On the talent cultivation, it asks to strengthen tourism talents construction of intellectual property.