A Legal Analysis Of "Kinhua Ham" Trademark Infringement Dispute Case

One party of this case is the owner of the registration trademark appropriation power of Kinhua Ham Zhejiang Province Food Company in, it paid for the expansion and publicity of the trademark a lot of strenuous efforts, the other party that Kinhua Ham Original Habitat protects authorization production company and sale company, because of the rights two parties make an appeal to the court for several times, this time they accepted a court to choose the second Intermediate People's Court in Shanghai. How is the result of the case? Which law problems are reflected in this case? And see this paper how to analysis and how to elaborate. This paper mainly commences the first case about geography indications and the registration trademark appropriation power dispute case in China, and emphasizes the law characteristics of this case. In another part, this paper analysis the Kinhua Ham geography indications and registration trademark that involving in the case, for the plaintiff, the standpoints of accused and judgment party all of their viewpoints are carried on to elaborate. In the meantime, the writer also analyzed his viewpoint for case. The chapter 1 of this paper is focus on the explanation of the standpoint and court about details of case and litigation both parties of the Kinhua Ham trademark infringement dispute case hold to review to induce involves. In chapter 2 carried on a critique to controversy and rift that the case involves, two focuses involving to the case all carried on analysis with elaborate, while particularly elaborating the registration trademark appropriation power and geography indications occurrence conflict opinion of everyone to protection power core, in the meantime how handled more harmonious and effective writer to put forward his/her own standpoint. Take up to this case and the place of the innovation of judgment In chapter 3, the author selective analysis the concept of Geography Indications Protection and its legal characteristic. This part carries on the comparison and the discrimination between Geography Indications and registration trademark of their similarities and differences. And point out that geography indications has the property of region, special, the humanities historic and can not transfer the possession of the lets.In chapter 4 analyze the present condition and the existence problems our country's Geography Indications Protection, and analyze the protective circumstance from the protection mode and enumerated related method for the protection of geography indications, and point out that our country's the key sticking point of geography indications problem existence is that during the government, society and business enterprise there is lack necessary coordination and unify. Chapter 5 is the innovation of this paper; this part put forward three measures and suggestions for the protection of geography indications. It is hoped that our country can, as soon as possible, get《The Geography Indications Protect Law Of The People's Republic of China》be included in lawmaking agenda, to make the Geography Indications Protection of our country can be geared to international standards, the important guarantee of our country's Geography Indications Protection is the harmonious of its laws and regulations. Hope this paper has a little function of lapidating the way for the protection of geography indications.