Study On Determination Of Geographical Indication Certification Trademark Infringement

Geographical indications certification marks have the special function of indicating the unique quality characteristics and origin of the product.With the development of international trade and the intensification of market competition,the economy of GI-related goods has developed rapidly,and a large number of trademark infringement disputes have arisen in practice.In view of the particularity of GI certification marks,the determination of infringement of GI certification marks is still controversial,which deserves further exploration and consideration.A GI certification mark has both the attributes of a geographical indication and a certification mark.However,in China’s judicial practice,infringement of GI certification trademarks is still determined in accordance with the provisions of ordinary trademarks in the Trademark Law,which has given rise to a series of legal issues in the determination of infringement.Compared with ordinary trademarks,the criteria for determining infringement of GI certification marks are the classification of "generic names",the similarity of the constituent trademarks,the possibility of confusion,and the restriction of fair use.Through the introduction of typical cases of geographical indication certification trademark infringement such as "Korla Fragrant Pear","Xuyi Lobster",and "Tongguan Roujiamo",combined with relevant legal provisions,the dilemma of geographical indication certification trademark infringement determination is systematically studied.After specific analysis,its predicament mainly includes three aspects: first,the dispute over the application of law caused by the conflict of multi-system legal protection systems;The distribution of the burden of proof in the determination of certification trademark infringement is unclear.Aiming at the dilemma of the identification of geographical indication certification trademark infringement in our country,we can learn from relevant legislative and judicial experience abroad.Research and analyze the relevant provisions of international treaties and major countries on the determination of infringement of geographical indication trademarks,combined with the specific application of relevant provisions of infringement determination in foreign judicial practice,draw inspiration for our country,that is,standardize the special provisions of geographical indication certification marks and build a unified Geographical indication certification trademark protection system.Combined with judicial practice,suggestions are put forward to improve the identification of geographical indication certification trademark infringement.In order to reduce disputes over the application of law,the standards for determination of infringement and the distribution of the burden of proof in judicial practice should be clarified,that is,the normative division of "generic names",the determination of trademark similarity and likelihood of confusion,and the standard of fair use.In order to make up for the loopholes in the rules for the identification of geographical indication certification trademark infringement,it is necessary to improve the legal protection system of geographical indications,establish a new pattern of protection of geographical indication certification trademarks with special laws as the main and supplemented by trademark law,and introduce expert review into the legal protection system system and transform the right confirmation system.By exploring the best path to determine infringement,it aims to reduce related disputes,resolve infringement disputes,and realize the protection of geographical indications.