On The Determination Of Geographical Indication Trademark Infringement In China

The standards for determining trademark infringement of geographical indications in China not only follow the general rules of trademark infringement stipulated in the Trademark Law of China,but also are based on various theories and judicial practice experiences in the theoretical field,which affect the effective protection of geographical indications.This article selects cases of geographical indication trademark infringement,analyzes the problems in the determination of geographical indication trademark infringement in China,and the reasons for the problems.Drawing on the legislative and judicial expertise of geographical indication trademark infringement outside the region,corresponding countermeasures are provided from the judicial and legislative levels.The citation part points out that it is necessary to make a systematic analysis of the identification of the infringement of geographical trademark,starting from the different discussions of the geographical indication system itself,the degree of geographical indication application to the Trademark Law,the confusion judgment of geographical indication trademark infringement,the recognition of fair use,and the similarities and differences between collective trademark and certification trademark in different periods,different scholars and different theoretical research results nationwide.Further improve the thought of identification,regulation of identification system.The first part mainly discusses the legal basis for determining the infringement of geographical indication trademarks.Firstly,the definition and characteristics of the geographical indication are summarized through analyzing the provisions of the international treaty and Chinese trademark law.Then it makes a comparative analysis of geographical indication and trademark collective trademark and certification trademark.Finally,it summarizes the harm and manifestation of the infringement of geographical indication trademark,which provides the legal basis for the identification of geographical indication trademark infringement.The second part mainly analyzes the current situation of the violation of geographical indications in China.First,by examining the facts of trademark infringement proceedings in recent years,the focus of the controversy,the nature of the cases and the identification of court decisions are summarized.Then summarize the current emergency of judicial identification of geographical indications trademark infringement in China and summarize the reasons for the emergency to give suggestions for identifying geographical indications trademark infringement.The third part is mainly a comparative study to identify trademark infringements with geographical indication.Through a comparative analysis of GI trademark legal systems and practices in the United States,Japan and the European Union,combining the specific situation of China,the purpose is to provide reference for the identification of geographical indication trademark infringement in China.The fourth part contains mainly concrete proposals to improve the identification of trademark infringements with geographical indication in China,mainly three parts: firstly,standardisation of standards for the identification of trademark infringements with geographical indication;Secondly,the factors to be taken into account when identifying trademark infringements with a geographical indication should be standardised.Thirdly,improving the legal system for trade marks with geographical indications.