Research On Intellectual Property Legal Protection Of Geographical Indications Of Tibetan Characteristic Products

In terms of the geographical indication protection,the internationally common measure is that geographical indication is accepted into the protection system of Trade-Related Intellectual Property Rights Agreement(TRIPS Agreement),which in the meanwhile protects the trademark,the patent and the copyright.After joined WTO,our country promulgated and enforced correlative laws and regulations in different legislation levels and formed a dual protection mode with trademark law and special law,which increasingly strengthens the law protection for the geographical indications.Because of in the third pole of the world,Tibet's specialities that contain unique producing area and quality standards can reflect its characteristic natural culture and humanity influences.Under the background of rule our country by law,the study focuses on how to make the Tibetan specialities get more overall and scientific protection,which should catch the chance of building the legal country and rely on the resource platform of intellectual property legal protection for geographic indications.Based on intellectual property law protection practices on specialities with geographic indication not only in domestic but in international legislation domain,and combining the method of comparative analysis,chart analysis and empirical research,the author puts forward some suggestions on intellectual property law protection of Tibetan specialities with geographical indication through exploring and summarizing the problem of the intellectual property law protection actively and promoting the available protection system.This article is divided into six parts.Among them,the introduction part elaborates and explains the topic selection background,topic selection source,research purpose,research significance and research methods.At last,it brings forward the innovation and deficiency of this article.The first chapter of the main body of the article is the relevant overview of geographical indications,including the identification of relevant concepts of geographical indications,the definition of related concepts of featured products,the analysis of the relevant attributes of geographical indications,the historical process of the protection of geographical indications,and examples of geographical indications of Tibetan specialty products.The second chapter is an analysis of the status quo of the legal protection of the intellectual property of geographical indications,including the status quo of the relevant legal protection of international treaties,the current status of relevant domestic legal protection,and the relevant legal protection status of the Tibet Autonomous Region.The third chapter is about the problems existing in the legal protection of the intellectual property of geographical indications of Tibetan special products,including the problems in legislation,law enforcement,law enforcement,and compliance with laws.The fourth chapter is the experience and reference of the legal protection of the intellectual property of geographical indications,including the experience and reference of the international legal protection of intellectual property rights of intellectual property(including the practical experience of legal protection of bilateral agreements,the practical experience of legal protection of regional agreements,and the practical experience of legal protection of multilateral agreements.,and the French model of special law protection,the US trademark law protection model for reference and Japan's anti-unfair competition law model for reference)and the domestic legal protection of geographical indications of intellectual property law and experience(including: national level trademark protection model References and special model protection models for reference,practical experience in the protection of geographical indications in Shaanxi Province at the local level,practical experience in the protection of geographical indications in Xinjiang Uygur Autonomous Region,and the legal protection of geographical indications in Enshi Tujia and Miao Autonomous Prefecture in Hubei Province-“Enshi Yulu Case” Inspiration).Chapter V is the proposal and countermeasures for perfecting the legal protection of intellectual property of geographical indications of Tibetan special products.It adheres to the problem-oriented approach and proceeds from the status quo and problems of the legal protection of intellectual property of geographical indications of Tibetan special products,and proposes to improve the intellectual property rights of geographical indications of Tibetan special products.Legislation,law enforcement,law enforcement and law-abiding advice and countermeasures.