An Empirical Study On Cases Of Infringement Of Geographical Indication Certification Trademark

Geographical indication is an important type of intellectual property,an effective carrier to promote regional economic development and an important field to promote foreign trade diplomacy.The characteristics and unique quality of geographical indication products are closely related to the natural and human factors of the origin and have a long history.However,the protection and definition of the trademark on the legal level of China is short,and the lack of clear provisions in the law of geographical indication to prove the trademark,so that there are increased disputes or deficiencies in the determination of infringement,fair use and the determination of the amount of damages for infringement.This paper will analyze and study 123 second instance verdicts.Through the case of Hangzhou Xihu District Longjing Tea Industry Association v.Shandong Weimiao E-commerce Co.,LTD."West Lake Longjing",Aksu Area Apple Association v.Xining City North Xingmin Vegetable and Fruit Company "Aksu Apple",In the case of Xuyi lobster Association of Jiangsu province and Jiangning District of Nanjing city,the author analyzes the differences in the recognition of the possibility of confusion,the inconsistency of the definition of fair use,and the insufficient protection of the trademark right owner in tort compensation.In terms of infringement determination,combined with the special nature of geographical indication certification trademark and the different indication function of geographical indication certification trademark from ordinary trademark,the general public has a vague cognition of many users of geographical indication certification trademark,but has a clear cognition of the origin of the goods and other factors.It is believed that infringement should be determined on the basis of the destruction of the protection effect and the confusion of consumers about the characteristics or origin of the product.In respect of proper use,the characteristics of geographical indication certification trademark and the reasonable use of common trademark are considered comprehensively,and it is considered that whether the doer has good intentions,whether it constitutes prominent use,whether it conforms to the origin,whether it has obtained the permission of trademark right owner and so on.The final amount of compensation that applicable way for infringement,through the study of 123 criminal judgment sentence amount,found in the practice of infringement behavior person calls lines abnormal light,not punishment and deterrent effect,there is delayed in performance of the burden of proof,the plaintiff sued selection for the main body,mass action of higher or commercial rights may exist.This paper argues that the plaintiff should be encouraged to adopt rules of evidence,and the obligation of evidence disclosure of torts should be strengthened.The court should classify different cases to prevent trademark owners from gaining profits by means of commercial rights protection.