Study On The Legal Issues Of The Protection Of Trademark Rights Of Geographical Indications

Nowadays,intellectual property has become the object of every country's attention and development.Today,the economy is highly developed,the protection of intellectual property is getting more and more attention,especially in the commercial battlefield,who has got the opportunity to protect the trademark,who has a wider competition market.As the largest developing country in the world and a big agricultural country,China has a lot of geographical indication resources and products,but the protection of intellectual property rights,especially the provisions on the legal provisions on trademark rights of geographical indications is relatively small.Since the implementation of the trademark law in March 1,1983,only 3 amendments have been made to the trademark law by the state,and there is no detailed regulation on the production,acceptance and protection of trademarks and related rights of geographical indications.In the "trademark law implementation Ordinance",it only provides that geographical indications can be registered as trademark of geographical indications,and only exist in the form of collective trademarks or certification trademarks.This article mainly aims at the current situation and problems of the protection of geographical indications trademark right in China,and puts forward relevant legal suggestions.The general structure is divided into four parts: first,the basic contents of the legal concept,nature,classification,registration application procedure and the protection practice of geographical indications are discussed.The two is to reflect the legislative process of trademark right protection and the present status of the protection of the present stage by the fact basis.The three is to clarify the existing problems in the protection of the trademark rights of China's geographical indications through cases,and the four is to put forward the corresponding legal advice on the protection of the trademark rights of China's geographical indications according to the theoretical data mastered.Through collecting,sorting and analyzing relevant information,this paper makes full use of case facts,data analysis,theoretical research and other ways to study the legal issues of trademark rights protection of geographical indications,and clearly and clearly combed the legal concept of trademark rights,the legislative system,the scope of supervision and protection of various departments of the government.It has strengthened the degree of attention to the protection of the trademark rights of geographical indications,the integration of legal resources to formulate special laws and regulations of geographical indications rights,and theprotection of the trademark infringed on the trademark of geographical indications into the category of public interest litigation,especially under the current policy of precision poverty alleviation.It is an opportunity to mark the trademark right,and vigorously develop the local characteristics of agricultural and sideline products,to promote the development of local economy and then to take the grand goal of building a well-off society in an all-round way.