Research On The Legal Protection System Of Geographical Indications In The Post-TRIPS Era

At present,domestic and foreign agriculture is in the stage of industrial upgrading.Geographical indications,as a special intellectual property,have important commercial value and economic significance.They indicate that a product originates from a member’s jurisdiction or a region or location within that region.The logo is not limited to the product logo created by the special geographical environment and human factors,but also includes the product logo that has certain quality,reputation or other characteristics due to other sources.In the construction of the geographical indication system,the country that first tried to protect geographical indications was France.France initially protected geographical indications in the form of the appellation of origin protection system.Internationally,the earliest was the Paris Convention in 1883.This opened a precedent for the protection of geographical indications in international conventions or treaties.The latest relevant international treaty that my country has joined is the TRIPS Agreement.There are three main ways to protect geographical indications in my country:1.Application for registration as a collective trademark or certification mark;2.Application for geographical indication products;3.Application for geographical indications of agricultural products.In March 2018,the new round of national institutional reform basically realized the"two in one" of geographical indication administrative agencies.However,at the practical level,there are still a series of problems in the protection of geographical indications in my country,including three conflicting and coexisting protection systems.Based on the current practical problems in the protection system of geographical indications in my country,this article draws on advanced theoretical research and institutional systems outside the region,and makes improvements under the "TRIPS Agreement" signed by the WTO to make it more in line with national conditions and more suitable for economic globalization.In terms of structure,this article is divided into four parts,and the specific design is as follows:Chapter One uses text analysis and data analysis from three perspectives of economy,society and culture to show the significance of geographical indication protection,and then introduces and The concept,nature,characteristics,classification and distinction of legal terms related to geographical indications.The second chapter first introduces my country’s existing legal protection system for geographical indications,and then uses methods such as data analysis and case analysis to find out the common problems existing in the existing system based on factors such as the cause of the case,the main points of the judgment,and the high-frequency provisions,and analyze the law The reasons for the downstream problems will pave the way for the improvement suggestions given below.The third chapter analyzes the advanced experience of the legal protection of geographical indications in the world,including the evolution of the protection of geographical indications in international treaties,the special legal protection of geographical indications represented by the European Union and the protection of geographical indication trademark law represented by the United States.The fourth chapter gives suggestions for perfecting the legal protection of geographical indications in my country.