On Geographical Indications And Trademark Conflict And Coordination

The conflict between geographical indications and the trademark, which is an important part ofintellectual property law.Since then,no matter the theory or the judicial practice rage,the debatehave no end.Appearing of some related cases make this debate put on the topic of people’sdiscussion again.For a long time,The trademark is regarded as the absolute rights of the obligees,who own all the absolute rights of trademark.It is illegal that any of the same or similar goods usethe registered trademark identical or similar to the trademark act.This absolute protection, break upthe balance between trademark owner and social welfare equilibrium.Among them, thephenomenon,the conflicts between geographic indication and trademark, will greatly weaken orrestrict the rights of the trademark owner.On the other hand, the geographical indication owners orbeneficiaries also were restricted because of the trademark owners’ trademark rights.In order toachieve social welfare equilibrium, we must analysis the trademark rights and the right ofgeographical indications.And to better exercise their rights,we need analysis their links anddifferences deeply.This article intends to start from the cases to involve the cases of the conflict betweengeographical indications and the trademark rights together.Through analysis and comparison andsummarizes the common points of these case. Then summarize some problems of the conflictbetween geographical indications and the trademark rights in the current, and find out the crux ofthe problem in the end.The first part,it will show the empirical investigation of the conflicts ofgeographical indication and trademark right, which will involve the topic of the comparativesummary, and then find out the judicial practice of the conflict;The second part,it will comb thetheory of conflict between geographical indication and trademark right.Then we can grasp thecurrent theory situation of the conflict of trademark in our country more clearly; The third part,itwill analysis the theory of related geographical indications and trademark right, focusing on thedifferent forms and conflict between trademark right and the right of geographical indications;Thefourth part,it will show the abroad coordination mode reference of the geographical indication rightand trademark right,and study abroad legal provisions and practices on the same problem; The fifthpart,it will explore the coordination mode on solving the conflicts between geographicalindications and trademark right in our country,which is the focus of this article. It is very important to coordinate the conflict between geographical indications and thetrademarks.Base on this coordination,it can not only help to protect geographical indications,butalso can maintain transaction security.