Affiliation:
1. Beijing University of Agriculture
Abstract
As a traditional agricultural country, China produces a wide range of diverse agricultural products. However, China's legislation on geographical indications (GI) for agricultural products is incomplete, existing in three different legal documents. Although China appears to be ready for an independent GI law, it has not yet been enacted, and the method of its administration remains unclear. China is faced with the choice of whether to adopt ‘strong protection’ or ‘weak protection’ in its GI legislation. This question is also directly related to the relationship between international GI treaties and domestic legislation. The protection of geographical indications of agricultural products in China lacks strategic design. The main legislative and administrative bodies are confused, and the specific legal documents at the national, provincial and municipal levels are imbalanced. The recommendation of this article is that, China should choose ‘strong protection’ for primary agricultural products and processed agricultural products with key characteristics, and ‘weak protection’ for other general agricultural products.
Publisher
Kutafin Moscow State Law University
Reference14 articles.
1. Chen, D., Ma, Y. (2022). Effect of industrial structure on urban–rural income inequality in China. China Agricultural Economic Review, 14(3), 547–566. https://doi.org/10.1108/CAER-05-2021-0096
2. Hu, W. (2018). Reciprocity and Mutual Benefits: EU-China cooperation on and protection of geographical indications. CEPS Research Reports No. 2018/04, June 2018. Available at: http://aei.pitt.edu/94154/1/RR2018_04_WHu_GIs.pdf
3. Huang, G. (2003). Reconciling conflicts between trademark and geographical indications: how to protect geographical indications in China. (Master thesis, University of Toronto). Canada. Available at: https://tspace.library.utoronto.ca/bitstream/1807/120681/3/MQ84348_OCR.pdf
4. Muehlfeld, K., Wang, M. (2022). Intellectual Property Rights in China – A Literature Review on the Public's Perspective. Frontiers in Sociology, 7, 793165. https://doi.org/10.3389/fsoc.2022.793165
5. Qian, W., Dong, Y. (2023). Comparative study on the geographical indication protection between China and the European Union–From the perspective of the China-EU Geographical Indications Agreement. Agricultural Economics, 69(5), 185–201. https://doi.org/0.17221/98/2023-AGRICECON