The Legal Status and Selection of a Model for Geographical Indications for Agricultural Products in China: a Study

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.