Research On The Legal Protection Of Geographical Indications In Shanxi

Shanxi,known as "the mountains and rivers in the table",has nurtured unique geographical indication products based on its unique natural environment and geographical conditions.In recent years,the number of geographical indications in Shanxi province has risen sharply,and the illegal use and infringement of geographical indications have occurred from time to time,which has greatly hindered the economic interests and rapid development of social culture related to geographical indications.Therefore,in order to protect geographical indications in Shanxi more effectively and to respond to the call to realize the strategy of rural revitalization,it is necessary to sort out and summarize the problems from the actual situation in Shanxi,and to explore specific suggestions for the legal protection of geographical indications in Shanxi,so that can be implemented in a comprehensive and precise manner.This paper takes the legal protection of geographical indications in Shanxi as the object of research,starts from explaining the connotation of geographical indications,adopts comparative analysis research method to elaborate the current situation of geographical indications in legislation,law enforcement and justice,and summarizes the current problems of legal protection of geographical indications in Shanxi by analyzing them.It is found that the main problems are confusion in the legal system of geographical indications,unsound legal system of geographical indications in Shanxi,unclear qualification of plaintiffs in lawsuits,unclear path of judicial protection,adverse effects of judicial decisions,irregular law enforcement behaviors,inactive law enforcement behaviors,and inactive parties seeking remedies.On the basis of the above-mentioned problems,the legal protection of geographical indications in other domestic provinces is drawn upon to summarize their experiences and approaches that can be learned.This paper proposes to strengthen the legal system of geographical indications from the legislative level;to strengthen the judicial protection of geographical indications by establishing qualified plaintiffs,improving the path of judicial protection and resolving the adverse consequences caused by judicial decisions;to strengthen the enforcement of geographical indications by regulating the law enforcement behavior,strengthening the initiative of law enforcement behavior and raising the legal awareness of right holders to actively seek administrative protection.The law enforcement protection of geographical indications in Shanxi.From these three aspects,we will help to improve the level of protection of geographical indications in order to provide reference for the protection of geographical indications in Shanxi and promote the healthy and prosperous development of intellectual property rights in Shanxi.