The Fair Use Of Geographical Indication Certification Trademark

According to the<Regulations on the implementation of the Trademark Law>sixteenth,registration of geographical indications can be applied for as a certification mark. And most of the countries and regions in the world are protected by geographical indications in this way. Also stipulated in Article 57 of the trademark law,without the permission of the trademark owner then rashly use registered trademarks,which in the trademark law is not allowed. But in terms of Article 59 the clockwork,not under the permission of the others can the names used in the goods or services of up to show that its source,and geographical indications usually is mainly according to geographical factors were registered, thus proves that trademark system on geographical indications protection door and other operators of place names in the geographical indication is the rational use of behavior exist some conflicts,namely geographical indications certification trademark the exclusive right to exclusive monopoly interests and other operators of the rational use of the behavior between the public interest and the. How to resolve this conflict and balance the right to exclusive use of trademarks and rational use of the core of the relation of interest between people lies in constructing perfect geographical indication system of trademark fair use,but the current situation is not only the legislation is not perfect enough,the study of theory and practice are not deep enough. Therefore,this paper tries to “kuerle Fragrant Pear” case,“zhoushan Hairtail” case and “fuling Pickles” case for example,geographical indications' certification trademark fair use issues once again into public view. In the four part,the paper analyzes the current situation of this problem,and puts forward some suggestions for improvement.The first part of the “Kuerle pear” to be the case analysis. In the case of first instance, the second instance of the case and the dispute focal point analysis based,leads to exist in the field of commodity economy of the geographical indication trademark system existing problems,namely for non members of the operator,the rational use of geographical sign trademark boundaries in where,to determine whether a reasonable use of specific criteria and what is proved. Then the discussion of the issue, to explore the establishment of a geographical indication of the reasonable use of the trademark system and suggestions.The second part analysis of geographical indications' certification theoretical basis for the rational use of trademark. The basic connotation of geographical indications certification mark outlines,the special nature of geographical indication trademarks. Secondly,the geographical indications' certification trademark fair use rationality analysis and law philosophy and economics perspective of geographical indications' certification trademark fair use system is the foundation to be the interpretation. By the end of the geographical indications that discusses the value of the trademark and to social effect, economic effect and cultural effect, such as the three aspects of value analysis to illustrate geographical indications' certification trademark fair use system of the reasons for the existence of.The third part of geographical indications' certification trademark fair use system analysis. The rational use of basic system composed of in common trademark, and the special nature of trademark based on the geographical indications' certification trademark fair use system using types and elements analysis.The forth part is the comparative study of the reasonable use of geographical indications in China and foreign countries. Firstly,this paper analyzes the reasons of the different characteristics and the system orientation of the trademark fair use system of the foreign countries,such as France,Germany and the United States. Then at present in our country of geographical indications' certification trademark fair use system to sort out the status quo, analysis of the shortcomings existing in the legislation system of China,and in judicial practice and specific administrative management and the geographical indications prove trademark fair use problems.The fifth part puts forward to perfect our geographical indication on reasonable use of trademark rights. In the first foreign geographical indications' certification comparative study of trademark fair use system on the basis of the draw on the construction of our system and its enlightenment. Secondly,according to the Chinese in pre existent problems,combined with the revised “trademark law” and the existing laws and regulations related to geographical indications,this paper puts forward perfect our geographical indication system of trademark fair use of specific recommendations.