Theory Of System Of Legal Protection Of Geographical Indications In China And Its Perfection

Research of geographical indications has more than one hundred, is still in development in practice, after the Uruguay round of negotiations, the international on the study of geographical indications problem gradually received broad attention of academic circles, also become the geographic marks a turning point into the international academic research. Since the world trade organization’s TRIPS agreement to the terms of the geographical indication in separate section, not only promoted the international attention to geographical indications, and also promote the wto member countries to build their own system of geographical indication protection and development. As an agricultural country with a long history in China is also a big country geographical indication resources, not like some countries set up their own system of geographical indication protection, the history of our country, there is no concept of geographical indication and the protection of tradition, this and our country geographical indication resources superpower status and discrepancy. Research not only is our country legal protection of geographical indication system to fulfill the obligation of wto members, and to protect China’s rich history and culture, promote the regional economy in our country, the development of traditional agriculture and handicraft industry, the final realization of the objective need of economic interests and social interests. This paper attempts to through historical analysis and comparison analysis and other research methods, from the perspective of systematic comparative study system for the legal protection system of geographical indications, strive to based on this, advances our country legal protection of geographical indication system to build reasonable Suggestions. This article altogether is divided into five parts except the introduction.Part I first system combing the concept of geographical indication and the development of history, the related concept discrimination, in further analysis the legal attribute of the geographical indication, this study explores the significance of legal protection of geographical indications.About legal protection of geographical indications in the second part introduction, have special law protection mode, the protection of the trademark law mode and anti-unfair competition law protection model, and analyzes the advantages and disadvantages of several kinds of protected mode, and concludes that these three protected mode based on the ultimate goal of the system itself and the use of the product is different, and so on the choice of system should be according to their own national conditions and specific, concrete analysis should be the protection system can be conducive to the protection of the national geographical indications industry and development. The third part mainly is the status quo and existing problems of the protection of geographical indications, including for its geographical indication protection of the status quo and the existing problems are expounded. Existing geographical indication protection system in our country, it is by the some law to protection, the protection of geographical indications products, regulation on administration of marks of origin, and the measures for the administration of geographical indications of agricultural products and a series of laws and regulations system composed of a relatively large legal system, promoting the also have local legal documents such as the cattle management ordinance. The laws and regulations and existing problems, because in the legislative background, the purpose of the legislation, protection promulgated content, time, etc are different, there are some limitations in the geographical indication protection, and all the laws and regulations in view of the geographical indications regulations, a lack of coordination between, there is a conflict in real life.The fourth part mainly discusses the legal protection of geographical indications in China specific assumptions, as well as to put forward several opinions to improve, promoting the legal protection of geographical indications. Mainly include:general provisions and specific provisions, supplement three parts. Specific provisions include: one is the application stage, including:scope of application; Apply for subject; Accepts the main body; Application documents, and the second is the review stage, including:review content; Review the way; Review period, the three is that of the public; Objection period; Objection handling, four is the geographical indication registered;5it is, use, supervision and management, and other matters.The fifth part mainly is the full text summary and to our country and its constructing legal protection system of geographical indications has hope.