Research On The Protection Of Geographical Indications And Trademarks Law In China

In the past 40 years of reform and opening up,as one of the objects of intellectual property rights,geographical indications have formed a unique cultural economy through integration with local economy.It is not only a simple geographic and historical heritage,but also a fuel to directly promote social productivity.It is also a driving force to support the spirit and wisdom of regional social development.Registering geographical indications as trademarks is highly compatible with agriculture and non-heritage culture to fully stimulate the development of intellectual property rights,and is also conducive to the long-term protection of geographical indications.For the purpose of protecting the interests of the inheritors of traditional resources and the traditional social groups they guard,geographical indications trademarks use the legal framework of intellectual property rights to effectively protect traditional resources.Generally speaking,it is necessary to study how to protect geographical indications better and more effectively by taking geographical indications trademarks as a legal means to protect the advantages of geographical indications resources,enhance brand awareness and spread the culture with national characteristics.As one of the epitomes of the national protection of geographical indications trademarks in Guizhou Province,although the development and protection of geographical indications trademarks can not catch up with the progress level of the first-tier cities,the overall development and Protection Progress of Guizhou Province has made rapid progress in the past 15 years,and the opportunity space has also been expanded on a large scale.Geographic indications have also become an important pillar of economic development in Guizhou Province,and the key to promoting precise poverty alleviation.At present,there is still room for improvement in the protection of geographical indications and trademarks.We should sort out the urgent problems and solve them one by one.It mainly embodies in three aspects: on the one hand,the disputes between academic theories are reflected in the process of the protection of geographical indications,that is,the necessity of the protection of geographical indications trademarks and the conflict of overlapping protection;on the other hand,the application of relevant laws and regulations on the protection of geographical indications trademarks,including registration,scope of protection and trademark marking;and finally,judicial remedies for infringements.The obligee is not clear about the legal nature of the trademark itself,so that the awareness of brand and protection is not strong enough to make full use of the geographical indications trademark to create more economic value.This paper is based on the current situation of the protection of geographical indications and trademarks in Guizhou Province.The structure of the article is divided into five parts:The first part,the introduction part,mainly elaborates on the research background and significance,research status and main research contents of the topic.The second part,that is,the first chapter of the text,this chapter focuses on the relevant theory of geographical indications trademarks,the current domestic and foreign legislation and the significance of the protection of geographical indications trademarks.The third part,namely the second chapter of the text,this chapter takes "the analysis of the current situation of the protection of geographical indications trademarks in Guizhou Province" as the topic,and based on the actual situation of the protection of geographical indications trademarks in Guizhou Province,analyses and collates the working mechanism of the protection of geographical indications trademarks,and introduces and analyses the registration and distribution of various geographical indications trademarks in Guizhou Province.The fourth part,namely the third chapter of the text,this chapter takes "the problems reflected in the process of the protection of geographical indications trademarks in Guizhou Province" as the topic,combs and analyses the problems that need to be solved urgently in the protection of geographical indications trademarks in practice,combining with the summary of the present situation in the second chapter.The fifth part is the fourth chapter of the text.With the title of "Suggestions for the Improvement of the Protection of Geographical Indications Trademarks in China",this chapter reflects the shortcomings and shortcomings of the protection of Geographical Indications Trademarks in Guizhou Province,and puts forward suggestions for the improvement of legislation,judicature(priority of compensation for infringement damage)and protection and control from point to point.