On Geographical Indications "Tragedy Of The Commons" And The Its Governance

As a special kind of agricultural intellectual property rights,GIs not only indicate the regional origin of GI products,but also carry the brand and reputation of GI products.The high value-added and high visibility of geographical indication products make geographical indications a booster for "invigorating agriculture",farmers’ "cash tree",and a "new business card" for local development.The party and the government have always attached great importance to the development and protection of geographical indications.However,due to the sharing and collectiveness of the property rights of geographical indications,under the inducement of interests,manufacturers often affix geographical indication labels to products of non-originating origin,which are substandard and false,and pretend to be geographical origin products of origin,which are sold on the market.Caused the geographical indication "tragedy of the commons".Under this realistic background,it is necessary to combine the reality of the construction of China’s geographical indication protection system,to conduct an in-depth analysis of the causes of the "tragedy of the commons" of geographical indications,and to summarize the problems in the process of governance of the "tragedy of the commons" of geographical indications in China,And put forward reasonable suggestions on this basis,so as to provide a useful reference for the improvement of the protection of geographical indication rights.Based on the practical problems of the "tragedy of the commons" and the actual investigation of the "tragedy of the commons" in China,this article studies the governance path of the "tragedy of the commons" in China.The first part is about the interpretation of the geographical indication "tragedy of the commons".The geographical indication "tragedy of the commons" is the research object of this article,and also the constraint of the logical expansion of the whole article.According to the grammatical idea of "the conceptual nature of geographical indications-the meaning of the tragedy in the commons of geographical indications-the necessity of governance tragedy",the attributes of geographical indications are first defined.The concept of "tragedy in the commons" of geographical indications clarifies the objects of governance,and finally demonstrates the necessity of governance.The second part takes care of the phenomenon of the "tragedy of the commons" of China’s geographical indications,and combines them with the causes to summarize the ideas of governance.It is mainly divided into two parts.The first part is "presentation of tragedy-’sleeper under umbrella’ and ’asylum seeker’".Two metaphors explain the two acts of geographical indication "tragedy in the commons".There are users in the region,free-riders and counterfeit enterprises outside the region.Then explain the reasons for the tragedy from four aspects: the profit-seeking motive of the tragedy maker,the objective conditions created by the attributes of quasi-public products,the attitude and excuse of the tragedy brewer,and the lack of supervision to encourage the tragedy.The second part is based on the three schemes(privatization,pollution bearers,and strengthened management)proposed by Harding,the creator of the concept of the commons tragedy,to extend the legal governance ideas.From the implementation of strengthened management,the embodiment of polluters,and the compromise of the privatization principle,three aspects of analysis were adopted to propose legal governance ideas,that is,how to strengthen management,make the tragedy brewer responsible,and although the geographical indication property cannot be private Industry,but industry associations can be identified as specific holders.This part also provides a reference for the current situation of the tragedy governance in Chapter 3.The third part is to conduct legal research on the governance status of China’s geographical indications "tragedy of the commons" Even speculation by reasonable users and counterfeiters is eliminated,and punitive measures are used to eliminate the profit-seeking motives of tragedy brewers.The second section examines judicial governance.At present,judicial governance is mainly reflected in the free ridership,malicious squatting and squatting caused by conflicts of rights through the resolution of geographical indication administrative authorization and infringement trials.Etc.The third section examines administrative governance,mainly examining the current status of administrative departments’ supervision and management of geographical indications.The fourth section is a summary of the deficiencies in legislation,justice and administrative governance.First of all,in terms of legislative governance,one is that there are defects in the fair use regulations.The second is that the punishment provisions for the tragedy brewers are more vague and the cost of breaking the law is lower.The third is the lack of a perfect revocation system.In terms of judicial governance,the public prosecutor’s office for the geographical indications "tragedy of the commons" can be explored to support the public interest litigation system and enhance the ability of judicial governance.In terms of administrative governance,there is still the phenomenon of multi-departmental management confusion.In addition,industry associations have a weaker voice in supervision and management.The fourth part discusses the governance path of China’s geographical indication "tragedy of the commons".Combining the management ideas of the "tragedy of the commons" of geographical indications,and the inadequacies in the legal governance of the "tragedy of the commons" of geographical indications in China,and according to the governance experience in practice,we put forward the improvement of the governance path of the "tragedy of the commons" Reasonable suggestions.First,in terms of legislative governance,improve the fair use system,clarify the content of fair use;refine the provisions of illegal penalties.Secondly,in terms of judicial governance,it is proposed that the procuratorate support industry associations to bring up the litigation system of geographical indications "tragedy of the commons".The third is to strengthen the administrative capacity of the competent authority of geographical indications;the fourth is to give the identity of the holders of industry associations and clarify the "commons" ownership of geographical indications.