Research On The Legal Conflicts Between Geographical Indications And Registered Trademark

Geographical indication is the intangible property has tremendous economic value andcommercial value of intellectual property rights，in the WTO’S”Agreement on Trade-RelatedIntellectual Property Rights”proposed to be key protection，Geographical Indications inTRIPS refers to：“identify a good product from a Member Territory，or from the local speciesin a region or a place，where a given quality，reputation or other characteristics，mainly relatedto the geographical sources associated.”Since China’s accession to the World Trade Organization，in order to actively carry outtheir obligations under the TRIPS，China has taken two ways to protect geographiacalindications．One is the geographical indications registered as a collective mark, proof oftrademark, the second is to be protected through the development of specialized geographicalindications related rules, regulations. Many challenging legal quesions have arisen as a resultalthough the two ways both protect geographical indication，Zhejiang“Jinhua ham case” is atypical case of conflict geographical indications right with trademark right in China. Sincethen, the geographical indication rights and registered trademark rights conflict is growing.This article start with the Zhejiang“Jinhua ham case”, contact theory and Practice by thecase, focuses on the analysis of this case of legal conflicts, described case’s plaintiff, thedefendant, and the trial side view, at the same time, the author also expressed their own viewsfor the decision, and proposes some suggestion to protect China geographical indications．First of all, the author takes Zhejiang“Jinhua ham case” as the starting point, introducesthe details of the case and Legal relationship，the author combined the theory of law with theviews of scholars, evaluating the trial of the case objectively,through analysis of the case,summed up the case of legal disputes.Secondly, this article systematically introduces the development and current situation ofthe protection of geographical indications in China, and combined with the first part of thecase, exploring the root causes of geographical indications in China and the right of registeredtrademark rights conflict.Finally, the author studied way to solve the conflict of geographical indications and theregistered trademark right of our country, putting forword principles and methods to solvethe geographical indication and trademark conflict. The important guarantee of our country’s Geography Indications Protection is theharmonious of its laws and regulations. The author hopes that he will provide reasonablesuggestions for perfecting the protection systems of geographical indication through thestudy.