Research On Collaborative Protection Of Geographical Indication

The Outline for Building a Powerful Intellectual Property Country(2021-2035),the Fourteenth Five Year Plan for the Protection and Application of National Intellectual Property Rights and the Fourteenth Five Year Plan for the Protection and Application of Geographical Indications point out that,as one of the types of intellectual property rights,geographical indications are a powerful weapon for market competition,which can promote the economic development with regional characteristics,protect national traditional handicrafts,and promote diplomacy and foreign trade,It plays a vital role in the development of our country,and we should strengthen the coordinated protection of geographical indications.Compared with ordinary trademarks,geographical indication trademarks are more special than ordinary trademarks.The geographical indication trademark is a dual protection mechanism,that is,on the one hand,it is protected by the trademark law,and on the other hand,it is protected by the administrative regulations of geographical indication.It seems that there is a relatively sound protection of laws and regulations,but in fact,in the process of judicial practice,the two models lack mutual cooperation and support,and there are still many loopholes in the protection of geographical indications.The problems such as the separation of departments,the lack of connection between organizations,and the imperfect relief channels make the protection of geographical indications only floating on the surface,and cannot play an effective role in protection.However,there are numerous well-known geographical indications in China,so we need to pay more attention to the protection of geographical indications and protect their status in China and the world.Therefore,it is necessary to strengthen the coordinated protection of geographical indications.This paper aims to study from four core parts.The first part is to study the treaties for the protection of extraterritorial geographical indications and the treaties signed by China.Analyze the development of other countries’ protection system of geographical indications,such as the United States,France and other countries,analyze the shortcomings and advantages of foreign geographical indication protection,and absorb extraterritorial experience.However,as a socialist country with Chinese characteristics,it is different from other countries.Therefore,based on the basic national conditions of China,we should explore the protection experience of geographical indications suitable for China on the basis of extraterritorial experience.The second part is to analyze the current situation of the protection of geographical indications in China.This paper discusses the existing legal protection mode of geographical indications in China,and analyzes the current status of geographical indication protection.At the same time,the current situation of coordinated protection of geographical indications in China’s national legislation,local norms and policies will be discussed.The third part is to discuss the current situation of the coordinated protection of geographical indications in China,aiming to analyze the problems existing in practice from the four major aspects of legislation,law enforcement,judiciary and compliance with the law.The fourth part is based on China’s national conditions and actual needs,China’s coordinated protection of geographical indications has not been effectively implemented,and it is necessary to further improve the coordinated protection of geographical indications.In view of the above-mentioned coordinated protection issues,suggestions are put forward to improve the legislative system for the coordinated protection of geographical indications,improve the enforcement mechanism for the coordinated protection of geographical indications,increase the degree of judicial protection of the coordinated protection of geographical indications,enhance the legal responsibility of law-abiding persons in the coordinated protection of geographical indications,and establish a coordinated protection mechanism for geographical indications.