Study Of Conflicts Between Geographical Indications And Trademarks Of Geographical Names

With the continuous development of active globalization,the globalization trend of intellectual property has become increasingly prominent.Under this background,the protection of geographical indication products and trademark products has gradually become a focus of attention.China's traditional culture is profound and has a long history.It has become a country rich in geographical indication resources,but it does not match that China is not a strong country in the protection of geographical indications.Compared with European countries such as France and Germany,China has only a long history of geographical indications but no history of protection systems.After China joined the World Trade Organization in 2001,it began to work on the protection of geographical indications related to geographical indications.Due to the late introduction of the concept of "geographical indications" in China,there are not enough researches on geographical indications in China,and most of them are concerned with the TRIPS agreement.As a result,the relevant legislative proposals in China are not enough.To solve these problems,we must proceed from the unique national conditions and legislative status of our country,analyze the related concepts of geographical indications,and analyze the protection mode of geographical indications in China,find out the conflicts,and prescribe the right medicines.And practical value suggestions to achieve the purpose of a certain dispute.Based on this,this paper intends to use the concept analysis method to clarify the definition of geographical indications and related concepts,and combine the comparative analysis methods to compare several existing protection modes.Then use the case analysis method to explain the current situation and existing problems of geographical indication protection in China through the "Jinhua Ham" case.Finally,based on China's national conditions,it puts forward suggestions for improving the protection system of geographical indications.The basic structure of this paper is as follows: Firstly,the background and process of protection of geographical indications are introduced in the introduction.Then,the basic concepts of geographical indications and geographical names trademarks are cut in,and the similarities and differences between the two are analyzed.Secondly,the protection pattern and protection of geographical indications in China are introduced.The status quo;then point out the conflict between the two and analyze the causes of the conflict;finally propose a solution to the conflict.The innovation of this paper lies in the fact that the discretionary provisions of the current laws and regulations on the conflict between geographical standards and geographical names trademarks are still unclear and clear.Before reviewing the relevant cases,the author summarizes the various considerations that need to be focused on in such cases.In dealing with such cases in practice,it is possible to clarify the focus of the dispute and facilitate the pre-judgment of the case.