Study Of Conflicts Between Geographical Indications And Trademarks

Geographical indications(GIs) has been protected under international conventions for more than one hundred years. Since the coming into force of the TRIPs Agreement, GIs has drawn more and more attention of the International Community, and been an hot topic in the field of Intellectual Property. China has taken two ways to protect geographical indications. First, through the way of collective and certification trademarks protection; Second, through the development of special provisions to protect GIs. Many challenging legal concerns have arisen as a result although both ways are to protect geographical indications, especially the conflict between GIs and trademarks. This thesis tries to find the resolution of the conflicts between the geographical indications and trademarks.In this study, there are five chapters except for introduction and conclusion. This thesis starts in Chapter Two with tracing the progress and variability of the relevant legal terms of geographical indications, and describes it as a kind of intellectual property rights. Chapter Three mainly explores the four kinds of conflicts between GIs and trademarks, and then summarizes that the essence of the problem lies in the conflict between obligees. Chapter Four tries to find the causation of the conflicts between the geographical indications and trademarks, including the deficiencies of the system and the legislation, the confusion of adminstration as well as problems left over by history. While the Chapter Five proposes the solution of the conflict between obligees, geographical indications first. The final part analysizes the proper protection model of geographical indications for us China.