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        Inheritance,Innovation and Development of Wuling Mountain Area in Hubei Province Based on Intellectual Property Rights

        2022-09-27 03:39:38MiaomiaoXUYuanpengSUNZhiyangLIUZhiguoSUN
        Asian Agricultural Research 2022年8期

        Miaomiao XU,Yuanpeng SUN,Zhiyang LIU,Zhiguo SUN

        Research Base for Forging the Sense of Community for the Chinese Nation,Hubei University of Science and Technology,Xianning 437100,China

        Abstract Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks. Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights (IPRs). In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization. Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.

        Key words Intellectual property rights (IPRs),Inheritance and innovation,High-quality development,Strategy of strengthening the country with intellectual property rights

        1 Introduction

        On September 22,2021,central committee and State Council of China released thePlanontheDevelopmentofIntellectualPropertyRightsPower(2021-2035),which describes a blueprint for China accelerating the building of IPR power. The plan also stated that it is required to strengthen the construction of access and benefit-sharing systems for genetic resources,traditional knowledge,folk literature and arts,etc.,enhance the collection,organization,transformation and utilization of intangible cultural heritage,promote the effective integration of the protection of traditional knowledge of traditional Chinese medicine with the modern intellectual property system,further improve the integrated protection system of traditional Chinese medicine IPRs,and establish a special examination and protection mechanism for traditional Chinese medicine patents to boost the inheritance,innovation and development of traditional Chinese medicine.

        On October 9,2021,the State Council issued theIPRProtectionandApplicationPlanforthe14thFive-YearPlanPeriod,which made a comprehensive deployment of intellectual property work in the next five years,setting forth that it is required to comprehensively strengthen the IPR protection and stimulate the innovation vitality of the whole society,improve the effectiveness of IPR transfer and transformation,and support the innovation and development of the real economy,establish an IPR service system that is convenient for the people and benefits the people,and promote innovation achievements to better benefit the people.

        On December 31,2021,China National Intellectual Property Administration issued the14thFive-YearPlanfortheProtectionandUtilizationofGeographicalIndications,requiring that it is necessary to consolidate the foundation for the protection and management of geographical indications,improve the level of protection and management of geographical indications,strengthen the brand building of geographical indications,develop characteristic industries of geographical indications,and expand foreign exchange of geographical indications.

        We should strengthen the IPR protection and utilization to promote high-quality development of IPRs[1-3]. Among them,traditional IPRs such as folk literature and arts,traditional knowledge and biological genetic resources can inherit traditional culture; invention patents,utility model patents,new plant varieties and other creative IPRs are conducive to escorting scientific and technological innovation[6-7]; geographical indications,trademarks,design patents,and other IPRs for indications promote the cultivation of regional brands[8-9].

        The Wuling Mountain Area includes 71 counties (cities,districts) in the intersection of Hubei,Hunan,Chongqing,and Guizhou. In 2011-2020,it was the main battlefield for national poverty alleviation[10-12],and now it is a key area of rural revitalization and ethnic unity. The Wuling Mountain Area in Hubei Province includes Enshi Tujia and Miao Autonomous Prefecture and three counties in Yichang City (Zigui County,Changyang Tujia Autonomous County,and Wufeng Tujia Autonomous County).

        In view of the above situations,we carried out a field survey on the intellectual property resources in the Wuling Mountain Area in Hubei Province,to find the strategies for inheritance,innovation,and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.

        2 Intellectual property resources of the Wuling Mountain Area in Hubei Province

        The intellectual property resources related to the Wuling Mountain Area in Hubei mainly include: folk literature and arts[13],traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,trademarks,etc.[14-15].

        2.1 Folk literature and artsIn the Wuling Mountain Area of Hubei Province,there are rich folk literature and arts,including 21 state-level intangible cultural heritage items. Among them,there are 2 items of folk literature: Legend of Quyuan and Story of Duzhenwan; 7 items of traditional music category: Yichang Hall Tune,Lichuan Lantern Song,Wufeng Tujia People Gongs and Drums for Weeding,Xuanen Gongs and Drums for Weeding,Changyang Mountain Song,Tujia People Daliuzi Song,and Yangtze River Xiajiang Work Song; 4 items of traditional dance category: Enshi Hand-waving Dance,Tujia People Mourning Dance,Dragon Dance,and Roulianxiang Dance; 4 items of traditional drama category: South Play,Lantern Play,Hefeng Nuo Opera,and Enshi Nuo Opera; 3 items of folk art category: Sanbang Drum,South Song,and Enshi Dulcimer; one item of folk custom category: Dragon Boat Festival Customs of Quyuan’s Hometown.

        In the Wuling Mountain Area of Hubei Province,there are 73 provincial intangible cultural heritage items,including 7 items of folk literature category: Legend of Quyuan,Story of Duzhenwan,Story of Kou Zhun,Legend of Linjun,Tujia People Marriage Crying Song,Legend of Three Gorges,and Changleping Folk Story; 22 items of traditional music category: Yichang Hall Tune,Gongs and Drums for Weeding,Xihuagu Great Rejoicing Music,Lichuan Lantern Song,Changyang Mountain Song,Jianshi Silk String Gongs and Drums,Yangtze River Xiajiang Work Song,Tujia People Daliuzi Song,Ten Sisters Song,Changyang Wind and Percussion Music,Xingyanping Mountain Song,Enshi Five-sentence Mountain Song,Masonry Work Song,Xuan’en High-pitched Mountain Song,Hefeng Mountain Song,Wufeng Folk Wind and Percussion Music,Jianshi County Gongs and Drums,Laifeng Fighting Anqing,Changyang Taoist Ritual Music,Sun River Folk Music,and Pingbaying Town Suona; 18 items of traditional dance category: Tujia People Mourning Dance,Jianshi Naoling Song,Shuashua,Dipanzi,Tujia People Hand-waving Dance,Xuan’en Eight Treasures Copper Bell Dance,Roulianxiang Dance,Dragon Dance,Enshi Bench Dragon,Gunlong Lianxiang Dance,Wufeng Tujia Flower Drum,Changyang Flower Drum,Xianfeng Bench Dragon,Jianshi Wusang Funeral,Hefeng Flower Drum Lantern,Moving Around Coffin,Xuan’en Grass Dragon,Xianfeng Grass Dragon; 7 items of traditional drama category: Nuo Opera,South Play,Enshi Lantern Play,Hefeng Liuzi Drama,Badong Hall Drama,Zigui Jiandong Flower Drum Song,and Badong Shadow Puppets; 8 items of folk art category: South Song,Enshi Dulcimer,Mantang Tone,Tujia Sanbang Drum,Tujia People Flower Drum,Enshi Sancai Rap,Bamboo Lute,and Storytelling Gongs and Drums; one item of traditional sports,entertainment and acrobatic category: Bench Boxing; 5 items of traditional final art category: Xianfeng Mr. He’s Root Carving,Tujia and Miao Embroidered Shoe Pad,Jianshan Stone Engraving,Lichuan Wood Carving,and Xuan’en Bamboo Plaiting Article; 5 items of folk customs category: Wufeng Tujia People Ancestor Worshipping Rite,Enshi Land Birthday Festival,Enshi Tujia Girls Gathering,Badong Tujia Folk Calendar,and Tujia Ox King Festival.

        In this ethnic area,there are 16 hometowns of Chinese folk culture and arts: Xiqiuwan Township of Badong County (Tang Opera),Yanduhe Town of Badong County (Tang Opera),Yesanguan Town of Badong County (Mourning Dance),Bajiaodong Township of Enshi City (Bench Dragon),Sancha Township of Enshi City (Nuo Opera),Taiyanghe Township of Enshi City (folk song),Zouma Town of Hefeng County (song and dance),Changliang Township of Jianshi County (Wind and Percussion Music),Baifusi Town of Laifeng County (Hand-waving Dance),Jiusi Township of Laifeng County (Dragon Dance),Boyangba Town of Lichuan City (folk songs),Chaoyangsi Town of Xianfeng County (Dipanzi),Xuanen County (Xuanen Shuashua),Changyang Autonomous County (songs and dances),Ziqiu Town of Changyang Autonomous County (Mourning Dance),Quyuan Town of Zigui County (Legend of Quyuan).

        2.2 Traditional knowledgeThe traditional knowledge in the Wuling Mountain Area of Hubei is quite rich,including traditional agricultural knowledge,traditional farming knowledge,traditional agricultural product making skills,traditional craftsmanship,traditional medicine knowledge (TCM knowledge[16],Tujia medical knowledge[17],and Miao medical knowledge[18]),etc.In this ethnic area,there are three state-level intangible cultural heritage items: Enshi Jade Dew Tea Making Technology,Tujia Stilted Building (Diaojiao Houses) Construction Technology,and Dam Lacquer Production Technology.

        In this ethnic area,there are 13 provincial intangible cultural heritage items of traditional craftsmanship: Tujia Brocade Xilankapu,Wufeng Caihua Maojian Tea Making Technology,Tujia Fence-type Stilted Building Construction Technology,Jianshi Huaping Peach Cake Making Technique,Enshi Jade Dew Tea Making Technique,Xuan’en Wujiatai Tribute Tea Making Technology,Lichuan Boyang Dried Beancurd Production Technique,Badong Spiced Dried Beancurd Making Technique,Tujia Oil Tea Soup Making Skills,Lacquer Chopsticks Making Skills,F(xiàn)engtou (Phoenix head shaped) Ginger Making Skills,Sanxia Laojiao Liquor Traditional Wine-making Technique,and Dam Lacquer Making Skills. And there is one provincial intangible cultural heritage item of traditional medicine: Yan’s Ophthalmology TCM Therapy.

        In the Wuling Mountain Area of Hubei,China’s important agricultural cultural heritage includes Hubei Enshi Jade Dea Tea culture system. There is no China’s time-honored brand,but there are 6 Hubei Time-honored Brands: Caihua,Huang’en Chongxi,Enshi Jade Dew,F(xiàn)engtou,Yunxin,and Qingji of Wu Yongchang.

        2.3 Biological genetic resourcesThe Wuling Mountain Area of Hubei is rich in natural heritage resources and is a region rich in biodiversity. Now,there are national nature reserves such as Xingdou Mountain,Qizimei Mountain,Mulinzi,Badong Golden Monkeys,Wufeng Houhe River,and Changyang Bengjianzi; national positioning observation and research stations for forest ecosystems in Enshi and Zigui Three Gorges Reservoir Areas; national forest parks such as Pingbaying,Enshi Fenghuang Mountain,Qingjiang River,and Chaibuxi Grand Canyon; national geological parks such as Enshi Tenglongdong Grand Canyon,Wufeng,and Changyang Qingjiang; there are also rich biological genetic resources. Enshi Prefecture is known as an important "animal and plant gene bank" in central China,"medicine bank in central China"[19],"the world’s selenium capital"[20]and so on. Besides,the Wuling Mountain Area of Hubei is rich in animal husbandry genetic resources. The main livestock breeds include Enshi cattle,Enshi mountain buffalo,Enshi black pig,horse-head sheep,Yichang white goat,Lichuan horse,Jingyang chicken,Enshi patridge duck,and Central China bee (Apiscerana).

        In addition,the Wuling Mountain Area of Hubei is rich in aquatic germplasm resources,such as Qingjiang River white turtle (Varicorhinussimus),Qingjiang River small mouth white turtle,Qingjiang River ocean fish (SchizothoraxsinensisHerzenstein),Yanduhe sandy loach (Sinibotiasuperciliaris),Qingjiang River fountain fish (Onychostomamacrolepis),longsnout catfish (Leiocassislongirostris),yellow catfish (Pelteobagrusfulvidraco),giant salamander (Andriasdavidianus),giant spiny frog (Quasipaaspinosa),Zouma Nostoc sphaeroides,and Lichuan water shield (Braseniaschreberi).

        Furthermore,the Wuling Mountain Area of Hubei is also abundant in agricultural biological genetic resources,mainly including plant germplasm resources such as Chinese herbal medicines,tea,tobacco,grain and oil,vegetables,fruits andetc.

        2.4 New plant varietiesThe protection system of new plant variety rights in China is still not perfect. At present,there are two main systems: the protection system for new varieties of agricultural plants under the Ministry of Agriculture and Rural Affairs and the protection system for new varieties of forest and grass plants under the State Forestry and Grassland Administration.

        2.4.1New varieties of agricultural plants. Since April 22,1999,a total of 61 genera and 130 species have been incorporated into theProtectionListofAgriculturalPlantsofthePRCin eleven batches. However,only 18 new varieties of agricultural plants were involved in the Wuling Mountain Area of Hubei,including 7 varieties in Enshi Prefecture and 11 varieties in the three counties of Yichang City. The holders of variety rights were only Enshi Tujia and Miao Autonomous Prefecture Academy of Agricultural Sciences and Hubei Kangnong Seed Industry Co.,Ltd. The new varieties of agricultural plants involve only two species: rice (OryzasativaL.) and maize (ZeamaysL.).

        Among the new varieties of agricultural plants: there were 4 new varieties of rice: Enhui 80,Enhui 218,Hongmiao 1,and Fuyou 325 of Enshi Tujia and Miao Autonomous Prefecture Academy of Agricultural Sciences; there were 14 new varieties of maize: Enyu 4824,Eyu 17,NQ231 of Enshi Tujia and Miao Autonomous Prefecture Academy of Agricultural Sciences,and FL018,F(xiàn)L025,F(xiàn)L0409,F(xiàn)L119,F(xiàn)L218,F(xiàn)L3095,Huazi 011,F(xiàn)L518,F(xiàn)L706,KNL1088,and SCL05 of Hubei Kangnong Seed Industry Co.,Ltd.

        2.4.2New varieties of forest and grass plants. Since April 22,1999,a total of 259 genera and 34 species have been incorporated into theProtectionListofAgriculturalPlantsofthePRC(ForestandGrassPlants) in eight batches. However,only 9 new species of forest and grass plants were involved in the Wuling Mountain Area of Hubei,of which one species was involved in Enshi Prefecture and 8 species were involved in the three counties of Yichang City. The holders of variety rights involved were only Enshi Tujia and Miao Autonomous Prefecture Academy of Forestry and Wufeng Boling Honghua Yulan Technology Development Co.,Ltd. The new varieties of forest and grass plants only involved two genera,PrunusL. andMagnoliaL. Among them,there was only one new variety of the genusPrunus: Luoshifen (the holder of the variety rights: Hangzhou Landcaping Incorporated,Zhengjiang Academy of Forestry,Enshi Tujia and Miao Autonomous Prefecture Academy of Forestry); 8 new varieties of the genusMagnolia: Jiaodan (the holder of the variety rights: Wufeng Boling Honghua Yulan Technology Development Co.,Ltd.,Beijing Forestry University,and China Three Gorges University),and Jiaoju,Jiaozi,Jiaoyan,Jiaohong 2,Jiaoyu,Jiaolian,and Cuiyu Fengling (the holder of variety rights: Beijing Forestry University,China Three Gorges University,and Wufeng Boling Honghua Yulan Technology Development Co.,Ltd.).

        2.5 PatentsBy now,the Wuling Mountain Area of Hubei has obtained 16 587 national patents,including 6 436 invention patents,accounting for 38.80%; 8 271 utility model patents,accounting for 49.86%; 1 880 industrial design patents,accounting for 11.33%. These national patents were mainly granted in the last 5 years (Fig.1). This ethnic area has obtained 720 national patents related to selenium,including 628 invention patents,77 utility model patents and 15 industrial design patents.

        Fig.1 Number of national patents granted in the Wuling Mountain of Hubei (1985-2021)

        According to the International Patent Classification (IPC),patents granted in the Wuling Mountain Area of Hubei can be divided into 12 categories in the agricultural field (A01B,A01C,A01D,A01F,A01G,A01H,A01J,A01K,A01L,A01M,A01N,and A01P),and the invention and utility model patents are shown in Table 1.

        Table 1 Number of invention and utility model patents in agricultural fields granted in the Wuling Mountain Area of Hubei

        2.6 Geographical indicationsChina’s geographical indication protection system is still imperfect,and there are currently three main systems: (i) the geographical indication product protection system; (ii) the geographical indication trademark (certification trademark or collective trademark) registration system; (iii) the agricultural product geographical indication registration system.

        2.6.1Geographical indication (GI) products. The Wuling Mountain Area of Hubei had a total of 26 kinds of GI products,including 24 kinds in Enshi Prefecture and 2 kinds in three counties of Yichang City,as shown in Table 2.

        Table 2 GI products in the Wuling Mountain Area of Hubei

        2.6.2GI trademark. A GI trademark is a mark indicating that a commodity comes from a certain region,and the specific quality,reputation or other characteristics of the commodity are mainly determined by the natural factors or human factors of the region,and the GI trademark belongs to the commodity collective trademark or commodity certification trademark.

        Among the 37 collective trademarks (Table 5) in the Wuling Mountain Area of Hubei,there were only 3 GI trademarks: Lichuan Coptidis Rhizoma,and Zigui navel orange (Table 3),other 34 collective trademarks were not GI trademarks. In this area,all 59 certification trademarks (Table 6) were GI trademarks (Table 3). Altogether,the Wuling Mountain Area of Hubei had a total of 62 GI trademarks (Table 3),including 32 trademarks in Enshi Prefecture and 30 trademarks in three counties of Yichang City.

        Table 3 GI trademarks in the Wuling Mountain Area of Hubei

        2.6.3Geographical indications (GIs) of agricultural products. In the Wuling Mountain Area of Hubei,there were 30 GIs of agricultural products (Table 4),including 14 species in Enshi Prefecture and 16 species in the three counties of Yichang City.

        Table 4 GIs of agricultural products in the Wuling Mountain Area of Hubei

        2.6.4Protection of China’s geographical indications in the EU. Based on theWTOAgreementonTrade-RelatedAspectsofIntellectualPropertyRights(TRIPS),China and the EU started negotiations in 2011 and formally signed theEU-ChinaAgreementonCooperationonandProtectionofGeographicalIndicationson September 14,2020. According to this agreement,the first 100 Chinese GI products would be protected in the EU,however,there was no in this ethnic area. Subsequently,175 Chinese GI products would be protected by the EU (the first four-year period after the entry into force of this agreement on March 1,2021). Among them,there were 3 kinds in this area: Wujiatai Tribute Tea,Wufeng Galla Chinensis,Yichang mandarin orange.

        2.7 TrademarksThe trademarks registered in the Trademark Office of China National Intellectual Property Administration can be divided into four basic types: common trademarks (common goods trademarks,common service marks),collective trademarks,certification trademarks,and special signs. According to the trademark reputation,trademarks can be divided into ordinary trademarks,provincial famous trademarks,provincial advantageous trademarks,and China well-known trademarks. Among them,the certification of famous trademarks in Hubei Province has been stopped since 2017.

        2.7.1Valid registered trademarks. By the end of 2021,the number of valid trademark registrations in the Wuling Mountain Area of Hubei had reached 38 820. Among them,Enshi Prefecture had 31 301 valid registered trademarks: 11 497 in Enshi City,5 444 in Lichuan City,3 046 in Jianshi County,3 249 in Badong County,2 131 in Xuan’en County,1 837 in Xianfeng County,1 447 in Laifeng County,and 1 663 in Feng County; three counties of Yichang City had 7 519 valid registered trademarks: 2 568 in Changyang Tujia Autonomous County,2 326 in Wufeng Tujia Autonomous County,and 2 625 in Zigui County. Within one year of 2021,the Wuling Mountain Area of Hubei had applied for 11 494 trademarks and registered 9 552 trademarks.

        2.7.2Collective trademarks. By now,the Wuling Mountain Area of Hubei has registered a total of 37 collective trademarks (Table 5). Among them,there are 3 trademarks in Enshi Prefecture and 34 trademarks in the three counties of Yichang City.

        Table 5 Collective trademarks in the Wuling Mountain Area of Hubei

        2.7.3Certification trademarks. So far,the Wuling Mountain Area of Hubei has registered a total of 59 certification trademarks (Table 6),including 30 trademarks in Enshi Prefecture and 29 trademarks in the three counties of Yichang City.

        Table 6 Certification trademarks in the Wuling Mountain Area of Hubei

        2.7.4Advantageous trademarks of Hubei Province. Among 625 advantageous trademarks of Hubei Province,the Wuling Mountain Area had 45 trademarks (Table 7),accounting for 7.2% of the whole Hubei Province,including 28 trademarks in Enshi Prefecture and 17 trademarks in three counties of Yichang City.

        Table 7 Advantageous trademarks of Hubei Province in the Wuling Mountain Area of Hubei

        2.7.5China well-known trademarks. The Wuling Mountain Area of Hubei had a total of 15 China well-known trademarks. Among them,Enshi Prefecture had 6: Enshi Jade Dew Tea and graphics,Wujiatai Tribute Tea,Dapai and graphics,Laifeng Jinsi Tung Oil,Sanxia brand and graphics,CHANGYOU and graphics; three counties of Yichang City had 9: Wufeng Green Tea,Caihua and graphics,SHANSHAN and graphics,Temiao,Qingjiang and graphics,Yizhi and graphics,Zigui navel orange,Qugu and graphics,Jiuwan Sijin Tea.

        3 Main problems

        3.1 Insufficient collection and sorting of folk literature and artFolk literature and art are the World Intellectual Property Organization (WIPO) Traditional Cultural Expressions and have very broad contents. Apart from copyright,folk literature and art works have many intangible cultural heritages,especially folk literature,traditional music,traditional dance,traditional drama,folk art,traditional sports,traditional entertainment and acrobatics,traditional art,and folk customs. However,the collection and sorting of folk literature and art in the Wuling Mountain Area of Hubei is not sufficient,which will directly influence the cultural and artistic construction of the hometown of Chinese folk culture and art,and directly affect the cultural construction of its traditional Chinese villages,Chinese minority characteristic villages,and famous Chinese historical and cultural villages (famous towns).

        3.2 Inadequate protection of traditional craftsmanship and traditional knowledgeThe Wuling Mountain Area of Hubei has rich traditional production processes and technologies,but the protection of traditional craftsmanship and traditional knowledge is inadequate. There are only 3 items of national-level and 13 items of provincial-level intangible cultural heritage projects,and there is still no national-level intangible cultural heritage productive protection demonstration base.

        3.3 Quite weak protection of traditional medicine knowledge

        The Wuling Mountain Area of Hubei is rich in traditional medicine knowledge,especially knowledge of traditional Chinese medicine,Tujia medicine,and Miao medicine. However,the protection of its traditional medicine knowledge is quite weak,there is no national intangible cultural heritage project of traditional medicine,and the provincial intangible cultural heritage project of traditional medicine only has Yan’s Ophthalmology TCM Therapy.

        3.4 Little attention to the protection of biological genetic resourcesIn the Wuling Mountain Area of Hubei,there is still no national-level livestock and poultry genetic resources reserves,conservation farms,or gene banks,but only the Qingjiang white turtle,a national-level aquatic germplasm resources reserve. The protection function of agricultural biological genetic resources has not yet been activated in national nature reserves,national forest ecosystem national positioning observation and research stations,national forest parks,national wetland parks,and national geological parks. In summary,the protection of biological genetic resources has not received due attention.

        3.5 Very few new plant varieties grantedAs the first new variety rights,the organizations in the Wuling Mountain Area of Hubei have obtained very few new plant varieties. Only 19 new plant varieties (18 new agricultural plant varieties and one new forest and grass plant variety) were granted,involving onlyOryzasativaL.,ZeamaysL.,andMagnoliaL.

        3.6 Very few high-value patentsThe Wuling Mountain Area of Hubei has a large total number of national patents,national invention patents,and national utility model patents,but there are few high-value patents,especially in the fields of animal and plant breeding,agricultural product development and other fields.

        3.7 Incomplete protection of geographical indicationsThe geographical indications in the Wuling Mountain Area of Hubei lack the corresponding national standards for geographical indications. Only Enshi yellow cattle beef,Badong Scrophulariae Radix,Hefeng Tea,Lichuan yam,Badong Angelicae Pubescentis Radix,Enshi black pork,Jingyang chicken,Laifeng Vine Tea,Lichuan Coptidis Rhizoma have local standards for GI products,only Wufeng Green Tea has local standards for geographical indication certification trademarks,and only Laifeng Ginger,Laifeng Preserved Duck Eggs,Laifeng Big-head Vegetable (Brassicajuncea) have the recommended standards for geographical indication certification trademarks. In the Wuling Mountain Area of Hubei,the corresponding special signs for geographical indication products,geographical indication trademarks and agricultural products geographical indications are rarely used. In addition,there is no national geographical indication product protection demonstration zone in the Wuling Mountain Area of Hubei.

        3.8 Very few public trademark registrations in agricultural and sideline productsBy the end of 2021,the number of valid trademark registrations in the Wuling Mountain Area of Hubei was as high as 38 820. However,there were very few registrations of public trademarks (collective trademarks,certification trademarks) in the agricultural and sideline products (Table 5 and 6).

        4 Strategies

        4.1 Carrying forward and inheriting folk literature and art and building a spiritual home shared by the Chinese nation

        It is necessary to collect and sort out folk literature and art in the Wuling Mountain Area of Hubei,and take full advantage of its historical,national,collective,and regional characteristics to promote folk literature and art to enter the national unity and progress education base,the hometown of Chinese folk culture and art,Chinese traditional villages,Chinese ethnic minority villages,Chinese historical and cultural villages (famous towns),and local primary and secondary schools,etc.The Wuling Mountain Area of Hubei should actively apply for the corresponding provincial and national intangible cultural heritage projects,and create a productive protection base for its intangible cultural heritage. Besides,it is recommended to implement the Chinese nation’s spiritual home project,promote the creative transformation and innovative development of folk literature and art,prosper and develop rural culture,and build a spiritual home shared by the Chinese nation.

        4.2 Protecting traditional knowledge of traditional craftsmanship and inheriting traditional production processes and technologiesThe Wuling Mountain Area of Hubei should collect and sort out the traditional knowledge of tea making,wine brewing,food making,weaving,embroidery,printing and dyeing,ceramic firing,smithcraft,lacquer decoration,architectural construction,tool making and other traditional craftsmanship in the area,actively strive for provincial and national intangible cultural heritage projects for traditional craftsmanship,create a productive protection base for traditional craftsmanship intangible cultural heritage,implement traditional production process and technology protection projects,and inherit traditional production processes and technologies.

        4.3 Inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,and building a traditional Chinese medicine communityThe Wuling Mountain Area of Hubei should collect and sort out traditional medicinal knowledge such as medicinal biological resources,genuine medicinal materials resources,medicinal materials planting and breeding techniques,medicinal materials processing techniques,traditional manufacturing techniques of decoction pieces and finished medicines,traditional prescriptions,traditional treatment techniques,and traditional medicine theories in this ethnic area. Besides,this ethnic area should actively apply for the protection of geographical indications of genuine medicinal materials,strive for traditional medicine provincial and national intangible cultural heritage projects of traditional Chinese medicine,Tujia medicine,and Miao medicine,and create a production protection base for traditional medicine intangible cultural heritage,implement the inheritance,innovation and development project of traditional Chinese medicine and ethnic medicine,establish a system of intellectual property rights rules in specific fields of traditional Chinese medicine,Tujia medicine,and Miao medicine,and build a Chinese traditional medicine community.

        4.4 Protecting biological genetic resources and maintaining the diversity of breeding biological sourcesThe Wuling Mountain Area of Hubei should collect and sort out the biological genetic resources of agriculture,animal husbandry,and aquatic products in this ethnic area,activate the protection function of agricultural biological genetic resources in national nature reserves,national forest ecosystem national positioning observation and research stations,national forest parks,national wetland parks,and national geological parks,create national-level livestock and poultry genetic resources reserves,seed conservation farms,and gene banks,and build national-level aquatic germplasm resources reserves,concentrate on the protection of the genetic resources of local varieties,introduce domestic and foreign excellent varieties,and maintain the diversity of breeding biological sources.

        4.5 Building a modern seed industry base and cultivating new varieties of animals and plants that are independently selected and bredThe Wuling Mountain Area of Hubei should strengthen the scientific and technological support of the seed industry,establish a commercial breeding system for enterprises in this ethnic area,deepen the cooperation between science and technology and enterprises,build a modern seed industry base,promote the application of biotechnology and information technology in seed breeding,strengthen the protection and utilization of local germplasm resources,cultivate independent breeding of new varieties of animals and plants,and strive for new variety rights of agricultural plants and new varieties of forest and grass plants.

        4.6 Enhancing scientific and technological innovation and creating high-value patentsIt is necessary to enhance the scientific and technological innovation in the Wuling Mountain Area of Hubei,deploy the innovation chain around the industrial chain,arrange the industrial chain around the innovation chain,and promote the integrated development of the industrial chain and the innovation chain. Besides,it is recommended to encourage the creation of national invention patents and national utility model patents,and the application of overseas patents,and create high-value patents in key links of the industrial chain.

        4.7 Improving the protection and use of geographical indications and building regional public brands of agricultural and sideline productsThe Wuling Mountain Area of Hubei should collect and sort out the human factors and natural factors of the geographical indications of famous,excellent and special products,and strive for the protection of geographical indication products and the registration of geographical indication agricultural products. Also,this ethnic area should strengthen the registration of collective trademarks and certification trademarks of agricultural and sideline products,and enrich regional public trademarks,formulate national standards,industry standards,or provincial local standards for geographical indication products,geographical indication trademarks,and agricultural products corresponding to geographical indications,so as to promote the standardized production of famous,excellent and special products. This ethnic area can take geographical indications as the key link,integrate agricultural and sideline product regional public brands,and encourage large professional households,family farms,farmer cooperatives,and enterprises within the protection scope of geographical indications to use corresponding special marks of geographical indications. In addition,this ethnic area can take advantage ofEU-ChinaAgreementonCooperationonandProtectionofGeographicalIndicationsto strive for the protection of geographical indications within the EU. Also,the Wuling Mountain Area of Hubei should implement geographical indication projects,combine quality engineering and brand marketing,and comprehensively build agricultural and sideline product regional public brands.

        4.8 Strengthening the protection of intellectual property rights and promoting inheritance,innovation and high-quality developmentIt is recommended to strengthen the protection of intellectual property rights in this ethnic area,create national demonstration parks for intellectual property protection,and improve the level of intellectual property creation,utilization,protection,management and service. Specifically,this ethnic area can take advantage of folk literature and art,traditional knowledge,biological genetic resources and other heritage intellectual property rights to enrich the cultural connotation of local specialties and inherit traditional culture; make full use of creative intellectual property rights such as invention patents,utility model patents,and new plant varieties,develop a technological innovation economy,and support scientific and technological innovation; apply the indication type intellectual property rights such as geographical indications,trademarks,design patents,etc.to integrate agricultural and sideline product regional public brands,and promote brand cultivation; implement the strategy of strengthening the country with intellectual property rights,develop the knowledge economy and promote the inheritance,innovation and high-quality development of the intellectual property in this ethnic area.

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