The Recognition Of Generic Names In The Protetction Of Geographical Indications In China

There are three protection modes of Geographical Indication(GI)in China.However,problems of whether the recognition of generic names should be distinguished among different modes and how generic names are recognized under each mode,have not been thoroughly resolved in the practice of legislative and judicial area.By tracing theories of generic names recognition,Chapter One analyzes theoretical basis of GI protection modes.Besides,it also argues that generic names recognition should be distinguished among three modes,because confusion theory and consumer protection theory are basic in trademark law protection and anti-unfair competition protection,which are dominated by GI’s subjective relevance;terroir theory is the basis of special protection,which is dominated by GI’s objective relevance.Chapter Two focuses on GI’s protection modes in China,and demonstrates boundaries and system requirements that should be met for the recognition of generic names under different protection modes,which are foundation for further demonstration of elements and recognition rules of generic names.Chapter Three analyzes specific elements of generic names recognition under different modes,and points out its rationality and problems of rules of generic names recognition,as well as explains how to correctly apply relevant rules.In order to avoid the problem that definition of GI in Trademark Law dominates relevant definitions in special protection system,and to unify elements of generic names recognition within special protection system,Chapter Four proposes to coordinate GI definition conflicts in different protection systems,and argues that contextual distinction of generic names recognition is based on the premise of such coordination.In addition,this chapter also gives suggestions on rules modification and application for generic names recognition in different protection modes.