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Research On The Legal Conflicts Between Geographical Indications And Registered Trademark

Posted on:2019-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:J J ChenFull Text:PDF
GTID:2416330542497436Subject:Law
Abstract/Summary:PDF Full Text Request
Geographical indications are an important part of the legal system of intellectual property rights.It is an intellectual property right that the WTO has specifically proposed in TRIPS.Trademark rights are also protected in the law.When they conflict with geographical indications,How to deal with which rights are given priority has not yet formed a unified understanding and is relatively confusing in terms of solutions.In our country's legislation,there is also a lack of regulations in this area,and there is basically no relevant research.In view of this situation,this paper has carried out the following research.In the first chapter,it mainly introduces the trademark and geographical indication from the conceptual point of view.Analyzing and comparing the conceptual differences between the two,and studying the existing links between the two,the conclusion is that the two are two independent individuals and therefore have different concepts,but from the perspective of the concepts involved in the two,And there's a connection.In chapter ?,the analysis is based on the conflict between the two.It mainly analyzes the manifestations of conflict and the causes of conflict.With the development of global trade,and the fact that different countries and regions use different legislation on geographical indications,this increases the chance of conflict between the two.In the third chapter,the conflict problem is put forward for the second chapter,and the solution is studied and analyzed.At the same time,the author points out several application principles that should be observed in resolving conflicts.In the fourth chapter,the author analyzes the misunderstanding in the system of geographical indications protection in China,and analyzes the impact of the misunderstanding on the conflict between the two,and discusses the solutions to this problem.
Keywords/Search Tags:Geographical Indications, Trademark, conflict
PDF Full Text Request
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