The Predicament And Improvement Of The Determination Of Infrigement Of China’s Geographical Indication Certification Trademark

Geographical indication certification mark is an important commercial mark that distinguishes itself from ordinary trademarks.Because of its rich commercial value,it has attracted many producers and operators who have not obtained the right to use the registered trademark to obtain benefits by fraudulently using the geographical indication certification mark,while its common ownership and collective characteristics of users make it difficult to defend their rights.At present,many geographical indication certification trademarks are widely infringed,and the differences in judicial practice in the steps of geographical indication infringement recognition and infringement recognition standards exist not only in the infringement cases of different products,but also in the different trial procedures of the same infringement case.These differences lead to controversies in judicial practice on the infringement determination of geographical indication certification marks.Therefore,it is helpful to identify the theoretical basis for the infringement determination of the certification mark of geographical indications to regulate the judicial determination.This paper adopts the method of case analysis to sort out the typical infringement cases of geographical indication trademarks such as "Xihu Longjing","Aksu Apple","Kulle Fragrant Pear","Pixian Douban",etc.,and identifies the infringement standards of different products,different cases and different trial procedures.The typical infringement cases of geographical indications,such as "Xihu Longjing","Aksu Apple","Kulle Fragrant Pear","Pixian Douban",etc.,identify different products,different cases,different trial procedures in the use of infringement standards,analyze and study the order of infringement and infringement standards of these cases,and study the logical relationship of infringement standards of geographical indications.In view of the problems in judicial practice,the court explores the unique characteristics and values of geographical indications,analyzes the reasons for the difficulties in determining infringement of geographical indications,further examines the experience of geographical indication certification marks in foreign countries,and proposes the logical order of the criteria for determining infringement of geographical indication certification marks,as well as the criteria of fair use,"similarity comparison" and "confusion".In addition,the court also proposed to improve the criteria for determining the infringement of geographical indications,such as reasonable use,"similarity and contrast" and "confusion",in order to provide a feasible solution to the dilemma of infringement of geographical indications.The judicial adjudication of disputes over infringement of registered geographical indications affects the development of geographical indication rights.A clear and definite infringement determination can provide the court and geographical indication rights holders with a clear and definite infringement determination method and infringement determination steps,and also help improve the rule of law process of geographical indication protection.