Research On The Infringement Of Geographical Indication Certification Marks In China

At present,the Party Central Committee and the State Council are vigorously formulating strategies for rural rejuvenation and targeted poverty alleviation work.In addition,geographical indications have great economic and cultural value,and their protection is also closely related to the "three rural" issues.Therefore,how to effectively solve the problem of infringement of GI certification marks at the legal and institutional level,and thus better to protect geographical indications is particularly important.However,the infringement determination standards of China’s geographical indication certification marks still have ambiguous infringement judgment standards,obstacles to proof,and unclear definition of fair use.Based on this,this article proves the authenticity and urgency of the problems in the determination of geographical indication infringement through judicial practice through more than 100 cases.And according to the principle of fairness and order of jurisprudence,it is clear to take“misidentify”as the criterion of tort judgment and the nature of the act of selling bulk products and providing packaging is additive infringement.Using the balance of interests principle of jurisprudence and the cost-benefit theory of law and economics to assign the burden of proof of specific origin responsibility to the defendant and strict quality inspection standards to promote the realization of specific quality of proof.Through game theory and efficiency incentive theory to correctly define the three components of descriptive fair use and the use of geographical indication certification marks must meet the authorization conditions.With a view to helping China’s geographical indication certification trademark infringement determination and related protection of geographical indications.