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How to Regulate the Infringements of Geographical Indications of Agricultural Products—An Empirical Study on Judicial Documents in China

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  • Lingling Li

    (School of Humanities and Social Development, Northwest A & F University, Yangling, Xianyang 712100, China)

  • Yingzi Chen

    (School of Humanities and Social Development, Northwest A & F University, Yangling, Xianyang 712100, China)

  • Haoran Gao

    (School of Humanities and Social Development, Northwest A & F University, Yangling, Xianyang 712100, China)

  • Changjian Li

    (School of Law, Huazhong University of Science and Technology, Wuhan 430223, China)

Abstract

Under the background of China’s strategy of becoming a powerful agricultural country, geographical indications (GIs) of agricultural products, as an important intellectual property right to enable Chinese agriculture to develop with high quality, have a strong effect of strengthening and promoting agriculture. However, there are a large number of infringements of GIs among agricultural products in judicial practice, which not only greatly damage the economic and social values of GIs of agricultural products, but also bring huge food safety hazards to consumers and hinder the overall protection of intellectual property rights in China. On this basis, this paper, with the help of a quasi-case research method, integrates the facts of relevant cases, the focus of disputes, the application of law, and other case elements to realize the case similarity judgment based on the legal argumentation model. With the help of the retrieval tool of “Peking University Magic Weapon”, this paper provides statistics on the civil cases of infringement of GIs of agricultural products in China from 1 January 2014 to 31 July 2022 and sets different retrieval conditions for two searches. After two screenings, 245 valid samples were obtained, and the judicial patterns of infringement disputes over GIs of agricultural products in China were systematically sorted out from the distribution of plaintiff and defendant, the distribution of infringement types, the basis of adjudication, and the standard of compensation. It was found that the plaintiff types showed double simplification, the infringement types took edge infringement as the basic form, and the general trademark provisions occupied the main position in legal applications. Then, the main litigation points, such as the dispute over the identification of GIs of agricultural products, the dispute over the use of geographical names, and the dispute over tort liability, are summarized, so as to dig out the characteristics of the implicitness of infringement, the expectation of implementation, and the concreteness of aspects. On this basis, the regulatory path of the infringement of GIs of agricultural products is put forward, such as introducing procuratorial public interest litigation, multi-agents cooperating to implement all-round supervision, and reasonably determining the amount of damages.

Suggested Citation

  • Lingling Li & Yingzi Chen & Haoran Gao & Changjian Li, 2023. "How to Regulate the Infringements of Geographical Indications of Agricultural Products—An Empirical Study on Judicial Documents in China," IJERPH, MDPI, vol. 20(6), pages 1-31, March.
    • Handle: RePEc:gam:jijerp:v:20:y:2023:i:6:p:4946-:d:1094297
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    References listed on IDEAS

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    1. Luisa Menapace & Gregory Colson & Carola Grebitus & Maria Facendola, 2011. "Consumers' preferences for geographical origin labels: evidence from the Canadian olive oil market," European Review of Agricultural Economics, Oxford University Press and the European Agricultural and Applied Economics Publications Foundation, vol. 38(2), pages 193-212, June.
    2. Luisa Menapace & Gian Carlo Moschini, 2014. "Strength of Protection for Geographical Indications: Promotion Incentives and Welfare Effects," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 96(4), pages 1030-1048.
    3. Emilie Vandecandelaere & Luis Fernando Samper & Andrés Rey & Ana Daza & Pablo Mejía & Florence Tartanac & Massimo Vittori, 2021. "The Geographical Indication Pathway to Sustainability: A Framework to Assess and Monitor the Contributions of Geographical Indications to Sustainability through a Participatory Process," Sustainability, MDPI, vol. 13(14), pages 1-20, July.
    4. Yari Vecchio & Abdul-Latif Iddrisu & Felice Adinolfi & Marcello De Rosa, 2020. "Geographical Indication to Build up Resilient Rural Economies: A Case Study from Ghana," Sustainability, MDPI, vol. 12(5), pages 1-14, March.
    5. Riccardo Crescenzi & Fabrizio De Filippis & Mara Giua & Cristina Vaquero-Piñeiro, 2022. "Geographical Indications and local development: the strength of territorial embeddedness," Regional Studies, Taylor & Francis Journals, vol. 56(3), pages 381-393, March.
    6. Agostino, Mariarosaria & Trivieri, Francesco, 2014. "Geographical indication and wine exports. An empirical investigation considering the major European producers," Food Policy, Elsevier, vol. 46(C), pages 22-36.
    7. Giraud, Georges, 2008. "Range and Limit of Geographical Indication Scheme: The Case of Basmati Rice from Punjab, Pakistan," International Food and Agribusiness Management Review, International Food and Agribusiness Management Association, vol. 11(1), pages 1-26, February.
    8. Giang Hoang & Ha Thu Thi Le & Anh Hoang Nguyen & Quyen Mai Thi Dao, 2020. "The Impact of Geographical Indications on Sustainable Rural Development: A Case Study of the Vietnamese Cao Phong Orange," Sustainability, MDPI, vol. 12(11), pages 1-13, June.
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