Min TIAN, Zhiyang LIU, Wanzhen XIONG, Zhiguo SUN*

1. College of Education, Hubei University of Science and Technology, Xianning 437100, China; 2. Centre for Cultural Studies on Southern Hubei Province, Hubei University of Science and Technology, Xianning 437100, China

Abstract Wuling Mountain Area of Hubei Province is a key tea-producing area in China, and the tea industry is its agricultural pillar industry. First, this paper introduces the tea industry in Wuling Mountain Area. Then, from traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, trademarks, etc., it studies the intellectual property resources of its tea industry. Next, it analyzes main problems of its intellectual property protection and inheritance, innovation and development. It also discusses the strategy of inheritance, innovation and high-quality development of the tea industry in 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 pertinent recommendations, including implementing the traditional tea production process and technical protection project, protecting the biological genetic resources of tea trees, cultivating new varieties of tea plants bred independently, creating high value patents, building regional public brands, and strengthening intellectual property protection.

Key words Tea industry, Intellectual property, Inheritance and innovation, High-quality development

1 Introduction

It is necessary to strengthen the protection and application of intellectual property rights (IPRs) to promote their high-quality development[1-3]. Among them, traditional IPRs such as traditional knowledge and biological genetic resources inherit traditional culture; invention patents, utility model patents, new plant varieties and other creative IPRs escort scientific and technological innovation; geographical indications, trademarks, design patents, and other IPRs for indications promote the cultivation of regional brands[4-7].

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. On October 9, 2021, the State Council issued theIPRProtectionandApplicationPlanforthe14thFive-YearPlanPeriod, which made a comprehensive deployment of intellectual property work in the next five years. On December 31, 2021, China National Intellectual Property Administration issued the14thFive-YearPlanfortheProtectionandUtilizationofGeographicalIndications, specifying the requirement of improving the level of protection and management of geographical indications.

Wuling Mountain Area in Hubei, including Enshi Tujia and Miao Autonomous Prefecture and three counties in Yichang City (Zigui County, Changyang Tujia Autonomous County, and Wufeng Tujia Autonomous County), was once the main battlefield for national poverty alleviation during 2011-2020[8-9], and now it is a key assistance area for rural revitalization. In this area, the tea industry is the pillar industry of agriculture and an important source of income for tea farmers.

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

2 Overview of tea industry in Wuling Mountain Area of Hubei Province

2.1 Main tea producing areas in Hubei ProvinceEnshi Prefecture and Yichang City are located in Wuling Mountain tea producing area of Hubei Province, and rank first and second separately among 13 main tea producing cities (prefectures) in Hubei Province. Among the 47 major tea-producing counties in Hubei Province, Wuling Mountain Area has Hefeng County, Enshi City, Xianfeng County, Lichuan City, Xuan’en County, Wufeng Tujia Autonomous County, Badong County, Changyang Tujia Autonomous County, Zigui County, and Laifeng County, and Jianshi County.

2.2 Top 100 counties of tea industry in ChinaIn the top 100 counties of tea industry in China in 2021, Enshi City, Hefeng County, Wufeng Tujia Autonomous County, Lichuan City, Xuan’en County, Xianfeng County, Changyang Tujia Autonomous County, and Badong County in Wuling Mountain Area of Hubei ranked 19th, 23rd, 25th, 32nd, 37th, 63rd, 87thand 90th, respectively.

2.3 Advantageous areas of agricultural products with Chinese characteristicsAmong the 308 advantageous areas of agricultural products with Chinese characteristics, there are 31 areas of tea products. Among them, the tea industry in the Wuling Mountain Area of Hubei includes the Enshi Selenium Tea Advantageous Area of Chinese Characteristic Agricultural Products in Enshi Prefecture and a part of Yichang Black Tea Advantageous Area of Chinese Characteristic Agricultural Products in Yichang City.

2.4 China’s Nationally Important Agricultural Heritage Systems (NIAHS)China’s NIAHS Hubei Enshi Yulu Tea (or Jade Dew Tea) Culture System is located in the Wuyangba Sub-district Office, Bajiao Dong Ethnic Township, Enshi City. Enshi Yulu was created in the Kangxi period of the Qing Dynasty. It was named after the local chieftain and the emperor of the dynasty praised it as "better than jade dew ", and was listed as famous tea in the Qing Dynasty in theClassicofChineseTea(compiled by Chen Zongmao). The processing of Enshi Yulu has continued the process of "steaming, roasting…" in Lu Yu’sClassicofTeaof the Tang Dynasty, and innovated a special rubbing method. It is the only steamed green needle-shaped green tea that has survived in China.

2.5 Time-honored Brands of HubeiThe tea industry of Wuling Mountain Area has three Time-honored Brands of Hubei: Enshi Yulu (Enshi Yulu Tea Industry Association), Huang’en Chongxi (Enshi Prefecture Wujiatai Selenium-Enriched Tribute Tea Co., Ltd.), and Caihua Tea (Hubei Caihua Tea Industry Co., Ltd.)

3 Intellectual property resources of tea industry in Wuling Mountain Area

The intellectual property resources related to the tea industry mainly include: traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, trademarks,etc.[10-12].

3.1 Traditional knowledgeThere is rich traditional knowledge of the tea industry in the Wuling Mountain Area of Hubei, such as traditional agricultural planting, traditional production techniques, traditional tea medicine knowledge,etc.Enshi Yulu Tea Making Technique is a national intangible cultural heritage project of traditional craftsmanship. There are 6 traditional crafts of provincial intangible cultural heritage projects, including Wufeng Caihua Maojian Tea Making Technique, Enshi Yulu Tea Making Technique, Xuan’en Wujiatai Tribute Tea Making Technique, Lichuan Black Tea Making Technique, Hefeng Yi Black Tea Making Technique, and Wufeng Yi Black Tea Making Technique. Enshi Yulu Tea Cultural Heritage System includes three Time-honored Brands of Hubei: Enshi Yulu, Huang’en Chongxi, and Caihua Tea.

3.2 Biological genetic resourcesWuling Mountain Area of Hubei has a long history of tea planting and is rich in tea biological genetic resources. There are mainly Enshi Taizi Tea, Hefeng Taizi Tea, Xuan’en Taizi Tea, Badong Big Leaf Tea, Wufeng Big Leaf Tea, Yihongzao, Xuan’en 27 and other local tea varieties. Also introduced tea varieties such as Echa 1 (C.sinensiscv. ‘Echa 1’), Zhenong Series, Zhongcha 108, Zhongcha 102, Zhongcha 302, Biyun Tea, Bixiangzao (C.sinensiscv. ‘Bixiangzao’), Baihaozao (C.sinensiscv. ‘Baihaozao’), Fuyun 6, and Fuding Dabai Tea,etc.

3.3 New plant varietiesIn recent years, the Wuling Mountain Area of Hubei has been lagging behind in the cultivation of new varieties of tea plants. By now, 80 new varieties of agricultural plants for tea have been approved. However, the holders of the variety rights of these new plant varieties have nothing to do with Wuling Mountain Area of Hubei.

3.4 PatentsSo far, the Wuling Mountain Area of Hubei has obtained 945 national patents related to tea (Table 1). Among them, there are 488 invention patents, accounting for 51.64%; 356 utility model patents, accounting for 37.67%; 101 industrial design patents, accounting for 10.69%.

Table 1 National patents involving tea in Wuling Mountain Area of Hubei (number of items)

3.5 Geographical indications

3.5.1Geographical indication (GI) products. In Wuling Mountain Area of Hubei, there are 4 geographical indication products of tea (Table 2). Among them, there are 4 varieties in Enshi Prefecture, but no in the three counties of Yichang City.

Table 2 Geographical indication products of tea in Wuling Mountain Area of Hubei

3.5.2Geographical indication trademarks. A geographical indication trademark is a mark that indicates 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 geographical indication trademark belongs to the commodity collective trademark or commodity certification trademark. In Wuling Mountain Area of Hubei, there are a total of 20 geographical indication trademarks of tea. Among them, there are 1 geographical indication collective mark and 19 geographical indication certification marks (Table 3).

Table 3 Geographical indication trademarks of tea in Wuling Mountain Area of Hubei

3.5.3Geographical indications of agricultural products. In Wuling Mountain Area of Hubei, there are 10 geographical indications of agricultural products for tea (Table 4). Among them, there are 6 kinds in Enshi Prefecture and 4 kinds in the three counties of Yichang City.

Table 4 Geographical indications of agricultural products for tea in Wuling Mountain Area of Hubei

3.5.4EU protection of China’s geographical indication products. In accordance withEU-ChinaAgreementonCooperationonandProtectionofGeographicalIndications, 275 China’s geographical indication products will be protected within the EU. In Wuling Mountain Area, only one kind (Wujiatai Tribute Tea) of such geographical indication products is protected.

3.6 TrademarksThe tea industry in Wuling Mountain Area of Hubei has registered many common trademarks, 1 collective trademark and 19 certification trademarks (Table 3). As shown in Table 3, these collective trademarks and certification trademarks are all geographical indication trademarks. Among the 625 advantageous trademarks in Hubei Province, there are 21 in the tea industry in the Wuling Mountain Area of Hubei. Among them, there are 15 trademarks in Enshi: Badong County Tribute Tea, Enshi Yulu, Lizao, Huazhishan and its pictures and graphics, Enshi Selenium-enriched Tea, Hefeng Green Tea, Qilong, Cuiquan, Baiguo, MAOPOCHA, Lichuan Black Tea, Huang’en Chongxi, Yilaijian, and Wujiatai Tribute Tea; 6 trademarks from three counties in Yichang City: Wufeng Maojian, Wufeng Black Tea, Caihua and its pictures, Wufeng Green Tea, Jiuwan Simian Tea and its pictures, and Quxiang. In Wuling Mountain Area of Hubei, there are 5 famous Chinese trademarks, including 2 in Enshi Prefecture (Enshi Yulu and its pictures, Wujiatai Tribute Tea), and 3 in three counties of Yichang City (Wufeng Green Tea, Caihua and its pictures, and Jiuwan Simian Tea).

4 Main problems

4.1 Insufficient inheritance of tea cultural heritageIn Wuling Mountain Area of Hubei, there are only one national and 6 provincial intangible cultural heritage projects, and there is no national intangible cultural heritage productive protection demonstration base. The traditional production processes and techniques of tea making are being lost in traditional Chinese villages, villages featuring Chinese ethnic minorities, and famous historical and cultural villages in China. Hubei Enshi Yulu tea culture system is only an important agricultural cultural heritage system in China, but still not a Globally Important Agricultural Heritage System (geographical indication AHS). The human factors of geographical indications of many historical famous teas lack systematic collection and sorting. In brief, the inheritance of tea cultural heritage is not sufficient.

4.2 Protection of tea biological genetic resources receiving little attentionThe protection of local tea varieties and those tea varieties introduced from other places has not received due attention. There is lack of tea germplasm nurseries, the loss of genetic resources of local tea varieties is serious, and the genetic resources of tea biological breeding have been lost. The Wuling Mountain Area of Hubei has not yet initiated the protection functions of tea biological genetic resources such as national nature reserves, national positioning observation and research stations for forest ecosystems, national forest parks, and national geological parks.

4.3 Very weak biological breedingIn recent years, the Wuling Mountain Area of Hubei has invested little in tea biological breeding, and the former seed industry base has been difficult to maintain for a long time, and no new varieties of tea plants have been cultivated. In the field of tea biological breeding (category A01H in the International Patent Classification, IPC), the creative ability is very weak in national invention patents and national utility model patents.

4.4 Weak creation ability of patentsIn Wuling Mountain Area of Hubei, there are few national patents related to tea, especially Laifeng County, Jianshi County, Zigui County, Lichuan City, Xuan’en County and Badong County. Especially in the fields of tea biological breeding and further development of tea products, the patent creation ability of the tea industry is relatively weak.

4.5 Incomplete geographical indication protectionIn Wuling Mountain Area of Hubei, there are only 4 geographical indication products, 20 geographical indication trademarks and 10 geographical indications of agricultural products. However, many famous teas have not yet implemented the intellectual property protection of geographical indications. The corresponding special signs of geographical indications (geographical indication products, geographical indication trademarks, and geographical indications of agricultural products) are not used much. There is no national geographical indication product protection demonstration area, and the geographical indication protection is not well established.

4.6 Slow standardization processAmong the above geographical indications, there is a lack of corresponding national and industrial standards. Only Hefeng tea has local standards for geographical indication products, and Wufeng green tea has local standards for geographical indication certification trademarks. This has seriously hindered the standardization process for geographical indication of tea products.

4.7 Backward construction of regional public brandsThere are many varieties and brands of tea in Wuling Mountain Area of Hubei. However, except for Enshi Yulu, Wujiatai Tribute Tea, Wufeng Green Tea, Wufeng Black Tea, Hefeng Green Tea,etc., there are not many famous tea brands. The integration of tea brands is weak, and the construction of regional public brands is lagging far behind.

5 Strategies

5.1 Carrying forward and inheriting tea culture, implementing the traditional tea production process and technical protection projectIt is necessary to collect and sort out the traditional knowledge of the tea industry, the traditional tea production process and technology, and the human factors of geographical indications of famous tea in history, actively strive for provincial and national intangible cultural heritage projects related to traditional tea making skills, and create a productive protection base for traditional craftsmanship intangible cultural heritage, implement the traditional tea production process and technical protection project, and inherit traditional production processes and technologies.

5.2 Protecting the biological genetic resources of tea trees, and maintaining the diversity of breeding biological sources

It is recommended to collect and sort out the biological genetic resources of tea trees, and start the protective functions of the biological genetic resources of tea trees in national nature reserves, national forest ecosystem national positioning observation and research stations, national forest parks, and national geological parks from the aspects of local tea biological varieties and imported tea biological varieties. Besides, Wuling Mountain Area of Hubei should establish high-quality tea germplasm gardens, protect the biological genetic resources of tea trees, strengthen the introduction of biological varieties of tea, and maintain the diversity of biological sources for tea breeding.

5.3 Building modern seed industry bases and cultivating new varieties of tea plants bred independentlyWuling Mountain Area of Hubei should strengthen the scientific and technological support of the seed industry, build a modern seed industry base and breeding system for tea, and promote the application of biotechnology and information technology in breeding, enhance the protection and utilization of local germplasm resources, create national invention patents and national utility model patents in the field of tea biological breeding (category A01H in the IPC), cultivate new varieties of independent breeding, and strive for new varieties of agricultural plants.

5.4 Building technological innovation platform and creating high value patentsIt is recommended to energetically promote the deep integration of industry, university, research and use, and create a platform for scientific and technological innovation. Wuling Mountain Area of Hubei should strengthen the scientific and technological innovation of the tea industry, deploy the innovation chain around the industry chain, deploy the industry chain around the innovation chain, and promote the integrated development of the industry chain and the innovation chain. In addition, Wuling Mountain Area of Hubei should encourage the creation of national invention patents and national utility model patents, and the application of overseas patents, to create high value patents in the key links of the industrial chain, especially the biological breeding of tea trees and the deep processing of tea products.

5.5 Improving the protection and utilization of geographical indications, and building regional public brandsWuling Mountain Area of Hubei should collect and sort out the human factors and natural factors of the geographical indications of famous, excellent and special tea and its products, and strive for the protection of geographical indication products, the registration of collective marks and certification marks, and the registration of geographical indication agricultural products. It is necessary to 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 tea. Wuling Mountain Area of Hubei may take geographical indications as the key link, integrate tea 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. Also, it can take advantage ofEU-ChinaAgreementonCooperationonandProtectionofGeographicalIndicationsto strive for the protection of geographical indications within the EU. Furthermore, it is recommended to implement geographical indication projects, combine quality engineering and brand marketing, and build regional public brands in a comprehensive manner.

5.6 Strengthening intellectual property protection and promoting inheritance, innovation and high-quality development

Wuling Mountain Area of Hubei should create a national demonstration park for intellectual property protection, and improve the level of intellectual property creation, utilization, protection, management and service in the tea industry. Besides, it can take full advantage of traditional knowledge, biological genetic resources and other heritage intellectual property rights to enrich the cultural connotation of tea products 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. In addition, Wuling Mountain Area of Hubei should make full use of intellectual property rights such as geographical indications, trademarks, design patents,etc.to integrate regional public brands, and promote brand cultivation. It is recommended to 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 tea industry.