On Causes And Countermeasures Of China's Geographical Indications And Trademark Conflicts

Since China's accession to the World Trade Organization, China has taken two ways to protect geographiacal indications in order to actively carry out their obligations under the TRIPs. First, through the way of collective marks and certification trademark protection; Second, through the development of special provisions to protect geographical indications. Many challenging legal concerns have arisen as a result although both ways are to protect geographical indication, especially the confilct between geographical indication and trademark. This dissertation starts with a case which demonstrates above-mentioned conflict, and proposes some suggestion to protect China geographical indications.The conflict between GI and trademark is discussed systemically in comparative and case study method in order to arouse more attention and encourage practical solutions to the conflict.This dissertation is structured as follows :In the first part, this dissertation starts with a case which demonstrates above-mentioned conflict, then introduces the history and legal relationship of this case, and raises relevant questions as to this case at the end of this part. In the second part, a description on the definition and features of GI is presented based on the international agreements. Then demonstrates the main protection modes of different countries and makes comments on these protection modes.In the next part, a description on the evolvment of GI protection in China is systemically presented. Then concluds the reasons how the conflict brings out in accoradance with the case in the first part.In the last part of the dissertation, the differences between GI and trademark are analyzed, and then a new proposal is envisaged both in legislation and in jurisdiction, based on the reasons demonatrated in the case.The most remarkable features of the dissertation are as follows: The first is the comparative and case method taken in the dissertation. Thisdissertation starts with a case, then raises the questions; and concludes the reasons based on this case; and finally proposed the suggestions also based on this case. The second is the close demontration on GI evolvment, and differences among terms from the international agreement.The last is not only legislation proposal is envisaged, but also jurisdicion proposal.