Research On The Judgment Standard Of Trademark Infringement Of Geographical Indications

Due to the difference between geographical indication certification trademark and ordinary trademark in product function,scope of subject and use,the products that do not conform to the quality of the product or do not conform to the origin of the product pretend to prove the trademark infringement cases occur frequently.In terms of market management,batch rights protection cases occur frequently,which not only causes a waste of judicial resources,but also damages the commercial value of trademark certification and the legitimate rights and interests of consumers.In the judicial practice,our country has proved trademark in the legislation of infringement recognition standards lack,there is not a complete set of tort recognition standards,thus also leads to in the judicial aspect,our judicial organs for the specific application of the proof of trademark infringement standards also exist case differences,the judge in the proof of trademark infringement cases increased discretion.Intensified the disputes in the judicial practice on the standard of tort identification,therefore it is of great significance to regulate the use of trademark proof through the establishment of a complete standard of tort identification.In this paper,through the analysis of the relevant legislation and judicial practice of the certification of trademark infringement standards in the United States,Germany and Australia,to solve the problems of the geographical indication certification trademark in the certification of infringement standards.In addition to the introduction and conclusion,this paper is divided into five parts,the main content is as follows:The first part introduces the general theory of geographical indication proof trademark,including the concept of geographical indication proof trademark,its own particularity,and theoretically analyzes the value of clarifying the determination standard of geographical indication proof trademark infringement.The second part analyzes the current situation of judicial application of the trademark proof standard in our country.This paper mainly introduces the legislation and judicature,introduces the relevant legislation of geographical indication certification trademark in the legislative aspect,and analyzes the malicious litigation phenomenon caused by "batch rights protection" cases in judicial practice.As well as the standard of origin of products,the standard of subjective intention of users and the standard of possibility of causing consumer confusion in judicial practice to determine whether infringement is applicable.The third part analyzes the problems in the judicial application of the criterion of trademark infringement of geographical indication proof.First,the lack of operable product source detection indicators.The certification trademark provides detailed description of the product data when it is registered,but the data can hardly be used to determine whether the product meets the requirements in judicial practice.Secondly,the origin as the standard for the identification of infringement is controversial,the judge in whether to use the origin as the standard for the identification of infringement is controversial due to different ideas;Third,there are disputes over whether the origin and quality can be exempted from liability.In judicial practice and theory,there are disputes over whether the products and quality can be exempted from liability if they are not registered in the association.The fourth part analyzes the determination criteria of trademark infringement of geographical indication in the United States,Germany and Australia.Starting from the development background of certification trademarks in the United States,Germany and Australia,the author analyzes the relevant provisions on legislation of extra-territorial certification trademarks,and analyzes the criteria for determining infringement of extra-territorial certification trademarks through typical cases in judicial practice.The fifth part is the solution to the criterion of geographical indication certification trademark infringement.First,improve the corresponding product testing standards and product traceability system.By introducing experts to improve the product testing standards and product traceability system,to solve the problem of the lack of operable product source detection indicators;Secondly,the origin is clearly defined as the standard for the identification of infringement.From the relevant legislative provisions and judicial practice of the geographical indication certification trademark,the origin is an important standard for judging whether the infringement is constituted.Third,improve the certification trademark registration management,from the practice,whether authorized by the association of sellers or not authorized sellers,in the use of goods should be clear their boundaries,improve the specific rules of trademark registration,strengthen the trademark registration publicity;Fourth,strengthen the proof that the trademark association’s supervision reduces the phenomenon of the coexistence of trademarks,the occurrence of the coexistence of "multiple marks in one place" proves that the trademark association has unshirkable responsibility,so it proves that the trademark association itself should strengthen the performance of its own "management" and "supervision" responsibilities.