The Conflict Between Geographical Indications And Trademarks And Countermeasure Research

China has abundant precious resources of geographical indications, and these resources will become our preponderant items in the competition with developed countries. In China, most of the geographical indications products are related to farm products or traditional ones, so it has very important social value to protect the geographical indications. However, this protection in our country is a little late comparatively, the present legislation protects the geographical indications basically by AQSIQ (the Administration Quantity Supervision, Inspection and Quarantine) and SAIC (the State Administration of Industry and Commerce), two kinds of legal protected mode side by side. There are two methods to obtain the geographical indications:first, register collective trademarks or confirmed trademarks to get exclusive rights by "Trademark law", and second, apply geographical indications rights by "Provisions on the Geographical Indications Products". But this will create a conflict for trademark rights and geographical indications rights may exist in a selfsame geographical name at the same time. In practice, the similar cases happen frequently, and always make biggish argument. According to the analysis and research, this article reconstructs the protection system, solves the conflict between the geographical indications and the trademark rights, so as to provide the geographical indications a best protection.The first part of this article describes the conception of geographical indications and trademark rights. This part discusses the dissimilar names of geographical indications in different times, elaborates the development and formation process of them, as well as their conception at the present stage in China. The description of trademarks points out that there are mainly three ways to get a trademark:register it, use it, or have achieved a certain reputation of it; Addition to general trademarks, several special types like collective ones, confirmed ones and place-name ones, are also mentioned, in order to solve the conflict of geographical indications and trademarks better. In addition, this part compares and analyses their relation and difference too.By some research and analysis on the conflict mentioned above, the second part mostly discusses the reason and modality of it, and the problem that exists in the use of geographical indications. Through the comprehensive analysis, we can find the root of the problem, so that can suit the remedy to the case, and solve it. Additionally, because there are so many problems about the use of geographical indications in practice that the conflict becomes exacerbated, it is necessary to make this part separate, for providing some ideas to the conformation of geographical indications system.The third part is divided into two aspects:first the relevant provisions of international treaties, and second, the comparison about the solution of above conflict in other foreign countries. Geographical Indications in China started late, but other countries such as France are relatively better. Through the practice of other countries and regions, this part considers the situation of China synthetically, so it can be used for China’s geographical indications protection for reference.The last part discusses the solution of that conflict in China, and resolves the issue this article mentioned, mainly from the following aspects:In the first place, establish general principle to guide the solution of the conflict macroscopically. In the next place, improve relevant laws system, because one reason creates the conflict is that the laws system itself exists conflict. So, the improvement can avoid partial conflict between geographical indications and trademarks. Thirdly, reconstruct China’s geographical indications protection system. As the economy develops continuously, our cognition of the importance of geographical indications is also deepened. Therefore, how to better protect geographical indications is a problem starves to solve. Lastly, we should not only solve internal conflict between geographical indications and trademarks, but also participate in international negotiations, in order to strengthen the international protection of geographical indications.