Study On The Determination Of The Infringement Damages Of Geographical Indications

Registered trademarks can highlight the quality and goodwill of industrial products.Trademark infringement not only harms the interests of consumers,but also undermines market order.The scientific identification of trademark infringement damages has always been a problem in judicial practice.As far as the geographical indication certification mark is concerned,the geographical indication certification mark is of great significance to the protection of local characteristic agricultural products,but the infringement case of the geographical indication certification mark has occurred from time to time.Due to the large number of infringing subjects,some geographical indications prove the trademark owner.Reluctant to litigate,and the amount of damages that trademark owners can file for litigation is very small,and most of them are less than one-half of their claims.This involves how to scientifically determine the amount of damages for trademark infringement of geographical indications.The geographical indication certification mark is a type of trademark.Therefore,the Trademark Law,the Implementation Regulations of the Trademark Law,and the Relevant legal norms of the Supreme People’s Court on the Interpretation of Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes.This article is divided into three parts,including: The first part is an overview of the infringement damages of geographical indications and trademarks.First,by listing "West Lake Longjing Tea Industry Association v.Beichen Supermarket Chain Co.,Ltd.infringes the ’West Lake Longjing’trademark dispute case",This paper introduces the main types of trademark infringement cases of geographical indications and the way in which the court calculates the amount of damages,and then analyzes the reasons for thenecessity of scientifically determining the amount of infringement damages of geographical indications.The second part is insufficient for the method of identifying the amount of damages for geographical indication certification marks.The shortcoming is mainly reflected in three aspects,that is,the applicability of the first-order compensation method is poor,and the performance is difficult to calculate the actual loss and profitability.The trademark licensing fee is difficult to make up for the loss;the statutory compensation is applicable to generalization,and almost all cases are in the calculation of damage.The statutory compensation method is applicable to the amount of compensation,but the statutory compensation method itself lacks the quantitative standard,which leads to the judge’s discretionary power;the punitive damages are ineffective,because the two components of the punitive damages are difficult to judge in judicial practice.The third part is the proposal for the identification of the infringement damage of the geographical indication certification trademark.The author puts forward suggestions from four aspects.First,the trademark owner should be given the right to choose the right to choose the right.The right holder can choose the compensation method according to his own will.To achieve its expectations;the second is the effective use of evidence rules,the effective use of the evidence preservation system and the evidence disclosure system on the one hand strengthens the burden of proof of the parties,on the other hand,it is more convenient to provide a correct calculation of the amount of compensation;Generalization,including generalization of quantity and standard,can stipulate the minimum amount of statutory compensation and the applicable standard for quantifying statutory compensation;finally,advocate the rational use of punitive damages system,and clarify thecriterion of “malicious” due to “serious circumstances”.