Research On Infringement Dertermination Rule Of Geographical Indications Registered As Certificationg Mark

For geographical indications,in addition to the special law protection of the "Regulations on the Protection of Geographical Indication Products",Our country also protects them in the form of trademark law.When geographical indications are protected as trademarks,they are different from ordinary trademarks,and they can be registered as collective trademarks or certification trademarks.Because our country's existing legislation only stipulates the registration and management of geographical indication trademarks,it does not clearly stipulate the rules for the infringement of geographical indication trademarks.It lacks relevant legal norms for the infringement of geographical indication trademarks.In the key part of the infringement determination,there are also differences in the distribution of the burden of proof in such cases in China,which leads to the inconsistency in the practice of identifying geographical indication trademark infringement in judicial practice.Therefore,it is necessary to study the infringement determination of geographical indication trademarks,find out the core problems in the infringement determination of such cases,and propose corresponding solutions to the problems.In the infringement determination of geographical indication trademarks,it's necessary to clarify the concept of geographical indication trademarks and their special rights attributes,and they should be defined as public collective resources,so as to analyze the core problems in the infringement determination of geographical indication trademarks.In the infringement determination of geographical indication trademarks,the criteria for the identification of the infringement of geographical indication trademarks shall be clarified,the fair use of geographical indication trademarks shall be strictly limited,and the distribution of burden of proof shall be clarified.This paper combines the legislation,judicial practice of extraterritorial geographical indication trademarks,puts forward suggestions for the identification of geographical indication trademark infringement.In addition to the introduction,this article is divided into four parts:The first part,clarifying the concept of geographical indication trademark,discussing its rights attribute,clarifying the connection and difference between geographical indication trademark and common trademark,and summarizing themanifestation of trademark infringement,which leads to the following research on the infringement of geographical indication trademark.The second part,firstly,combing and evaluate the legislation of geographical indication trademarks in our country.Secondly,by introducing the two typical cases,find the focus of controversy,study the application of the rules in the infringement determination,including the infringement standard,fair use and the judgment of the approximation of geographical indication trademarks.Finally the reasons for the infringement identification problem are discussed and studied.The third part analyzes the legislation and judicial practice of extraterritorial geographical indication trademarks.To study and analyze the relevant provisions on geographical indications in international treaties,including the types and the rules of infringement in international treaties.Secondly,study on the legislation and jurisprudence of geographical indication marks of representative countries,including the United States and Germany,which protect geographical indications in the form of trademark law,compare and analyze their respective characteristics and commonalities,and provide reference for the infringement identification of geographical indication trademarks for our country.The fourth part,combined with judicial practice,puts forward suggestions for the identification of trademark infringement.Firstly,according to the differences between geographical indication trademarks and ordinary trademarks,it is suggested to reconstruct the thought of infringement identification;secondly,the method,the standard and the legitimate use standard of the infringement identification should be clarified;finally,the distribution of the burden of proof in the geographical indication trademark infringement determination should be clarified.