International Geographical Indication Agricultural Products Protection Mode and Its Enlightenment

　　Foreign Geographical Indication Agricultural Products Protection Mode and Its Enlightenment

 

　　Editor's note: Strengthening the protection and development of geographical indication agricultural products is of great significance to enhancing the competitiveness of agricultural products, developing rural characteristic industries, inheriting farming culture, and promoting farmers' income and employment
.
Countries all over the world pay great attention to the protection and development of geographical indication agricultural products.
At present, more than 100 countries and regions have implemented legislative protection for geographical indication agricultural products
.
In order to understand the protection models of various countries and learn from management experience, the Agricultural Product Quality and Safety Supervision Department of the Ministry of Agriculture and Rural Affairs organized a research on the protection models of foreign geographical indication agricultural products.
The relevant research is now compiled into a working brief for your reference
.

 

　　Geographical indication agricultural products are agricultural products that originate from a specific area, and whose quality, reputation or characteristics mainly depend on the natural and human factors of the place of origin, and are subject to review and approval of agricultural products with a geographical name
.
Strengthening the protection and development of geographical indication agricultural products is of great significance to enhancing the competitiveness of agricultural products, developing rural characteristic industries, inheriting farming culture, and promoting farmers’ income and employment
.
Countries all over the world pay great attention to the protection and development of geographical indication agricultural products.
At present, more than 100 countries and regions have implemented legislative protection for geographical indication agricultural products
.
The World Trade Organization (WTO) Agreement on Trade-Related Intellectual Property Rights (hereinafter referred to as the "TRIPs Agreement"), which took effect in 1995, established international rules for the protection of geographical indications, clarified the intellectual property attributes and minimum protection requirements of geographical indications.
However, the specific protection mode of each member is not specified
.
Countries have established their own protection models based on different geographic environments, historical traditions, political factors, legal systems, and trade needs
.

 

　　One, the main mode

 

　　(1) Special law protection mode
.
This model is to fully implement the protection of geographical indication agricultural products through special legislation
.
Emphasizing not only the geographic origin ("origin"), but also the relationship between the product's quality, reputation, characteristics and geographic origin ("authentic") is a strong protection model
.
Since the objects of protection of geographical indications are mainly agricultural products, the agricultural sector usually plays a leading role in the protection of special laws
.
For example, the Directorate-General of Agriculture of the European Union and the National Geographical Indications Administration (INAO) of the French Ministry of Agriculture are the official agencies for the administration of geographical indications in the European Union and France, respectively
.
Countries that adopt this model are usually countries with a long history and culture and rich geographical indication resources, mainly in Europe, Southeast Asia, and South America
.
Representatives include France’s "Appellation of Origin Law", Brazil's "Agricultural Product Origin and Geographical Indications Protection Law", India's "Agricultural Product Origin Law", Russia's "Agricultural Product Geographical Indication Protection and Promotion Law", and Malaysia's "Agricultural Product Origin Law".
Legislation on the Protection of Geographical Indication Agricultural Products
.
The advantages of this model: First, strict substantive review and official control ensure the quality, reputation and characteristics of registered agricultural products; second, strong official supervision and administrative protection, which greatly reduces the cost of protecting the rights of geographical indication holders; third, avoidance Geographical indications are monopolized and monopolized to ensure that qualified producers benefit widely
.
Disadvantages: First, a separate set of strict registration and review systems need to be established, which increases administrative costs; second, a substantial and effective international registration system for geographical indications has not been established, and the cost of international registration and protection is relatively high
.

 

　　(2) The protection mode of trademark law
.
This mode is to make special provisions in the Trademark Law, registering geographical indications related to agricultural products as collective trademarks or certification trademarks for protection
.
For example, Colorado potato is a collective trademark of the United States, and Indian Darjeeling tea is registered as a certification trademark in the United States
.
Collective trademarks or certification marks can be used to indicate the origin of goods, and certification marks can also be used to prove the quality of goods
.
This model is mainly adopted by new immigrant countries such as the United States, Canada, Australia, and New Zealand, which have fewer geographical indication resources
.
The advantages of this model: First, the use of trademark law framework extension to protect without additional legislation will not increase the operating cost of the system too much; second, the public has a high awareness of the trademark system and is easy to accept; third, the international trademark registration system is complete and easy International registration and protection
.
Disadvantages: First, collective trademarks or certification trademarks are generally only subject to formal examination, and the requirements for geographical delimitation and product standards are relatively loose.
Consumers cannot use this to judge product quality and it is difficult to obtain differentiated advantages
.
Second, the maintenance cost of collective trademarks and certification trademarks is very high.
Once the same or similar trademarks enter the publicity stage, the trademark holders must initiate litigation procedures, resulting in high costs
.
For example, the Colombian coffee trademark holder spent more than US$570,000 in opposition and rejection procedures in 2007 alone
.
The third is that collective trademarks or certification trademarks are exclusive and may exclude some producers who meet the production conditions
.

 

　　(3) The protection mode of the anti-unfair competition law
.
This model is based on the Anti-Unfair Competition Law, Consumer Protection Law, Anti-Counterfeiting Law and other laws.
From the perspective of protecting market order and consumer interests, it treats counterfeiting the name of origin and misleading the origin of goods as acts of unfair competition.
Prohibitions and sanctions to provide protection for geographical indication agricultural products
.
It is usually used to protect the rights and interests of geographical indications that have not been registered in other countries and have suffered infringement
.
The advantages of this model: the scope of protection is wide, and most countries can provide protection for geographical indications in accordance with domestic anti-unfair competition laws or the provisions of the Paris Convention for the Protection of Industrial Property
.
Disadvantages: As a way of safeguarding rights after infringement, the actual operation of rights protection is difficult and the degree of protection is weak
.

 

　　2.
Relevant revelation

 

　　From the perspective of practice in various countries, the three protection modes are parallel in most countries.
For example, the European Union is a typical special law protection, but it can also be protected by registering a collective trademark
.
From the perspective of development trends, the management of foreign geographical indication agricultural products mainly exhibits the following characteristics, which have important reference significance for our country
.

 

　　(1) The implementation of special law protection is becoming a development trend
.
According to a survey of 60 major countries and regions conducted by the Agricultural Intellectual Property Research Center of the Chinese Academy of Agricultural Sciences, 47 have implemented special legal protection
.
An increasing number of countries adopt a protection system that is based on specialized laws, supplemented by trademark laws, and supplemented by anti-unfair competition measures
.

 

　　(2) Strong official supervision is the key to ensuring quality
.
For example, France and the European Union have established strict official supervision mechanisms, and the government is fully involved in the geographical delimitation, standard setting, quality supervision and sign protection of geographical indications
.
It is this strong protection based on official control that ensures the quality and quality of the product
.

 

　　(3) Standardization of the entire industry chain is the main way to enhance competitiveness
.
Advanced countries in the management of geographical indication agricultural products mainly clarify and refine laws and management-related requirements through standards, and establish a certification standard system covering geographic delimitation, feature description, and technical indicators and technical regulations for the entire chain of production, addition and marketing
.
Through strict implementation of standards, effective process control is realized, and quality, efficiency and competitiveness are improved
.

 

　　(4) A sound policy support system is an important guarantee for a high-quality industry
.
The United States, Japan and other developed countries and the European Union have all regarded the development of GI agricultural products as an important form of agricultural subsidies, and established a relatively complete policy support system in scientific research promotion, brand marketing, and trade promotion
.
For example, the European Union regards geographical indications as an important component of the EU’s common agricultural policy, focusing on environmental and traditional cultural protection, and sustainable growth, and strengthening agricultural subsidies
.