The Conflict And Coordination Of Geographical Indications And Trademarks

Geographical indications and trademarks are two kinds of coordinate and independent intellectual property rights,to some extent,there are certain similarities that both play roles in mark and transfer product information as tools,so it’s completely understandable when they have conflict.Facing the conflict between geographical indications and trademarks,we shall choose a method to protect our geographical indications.We can draw on advanced international practices,combine with unique situation of our country and modify the legal provisions,providing a high level of protection for geographical indications in China.To resolve the conflict,we shall start from two aspects,on the one hand we shall be starting from the present issues,proceed to the revision of the trademark law,abandon the unreasonable provisions in the trademark law.On the other hand,from the long-term interests we shall develop a special method of protection of geographical indications as France.This article is divided into four parts. The first part starts from a simple case, describing the current protection in China. The second part consists of two sections.The first section analyses the external performance of conflict, the conflict between the preceding geographical indications and the later trademarks, and the conflict between the preceding trademarks and the later geographical indications. The second section introduces the causes of the conflict, indicating that they have same purpose in the role of identifying other products;the flash-point for the conflict is that they have similar in extension performance;the cross-regional movement of goods exacerbates the conflict. Finally it points out that human factors contribute to the conflict. The third part of the article describes the basic principles to solve the conflict, including equal protection principle, the principle of first in time and first in right,the principle of benefit measure and the principle of honesty.Generally give the criteria to resolve the conflict.The last part of the article describes the solutions and strategies.It lists international practice for the conflict and points out the measures China should take.That is,on the one hand to modify the trademark law and do well the transition work between different departments,on the other hand to reconstruct the protection mode of geographical indications,and establish special legal protection systems for our geographical indications.