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Research On Infringement Recognition Of Geographical Indication Certification Trademarks

Posted on:2020-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:S X LiFull Text:PDF
GTID:2416330596987502Subject:Law and law
Abstract/Summary:PDF Full Text Request
The geographical indication certification mark is a mark indicating the origin of the goods.The main characteristics of the goods and the quality and reputation are mainly determined by the natural and human factors of the area.The existence of GI products has a long history,but China has a short period of protection and definition at the legal level.Moreover,since GIs have more specificity than ordinary trademarks,the application of laws often appears in practice.Omissions and deficiencies.This article selects Zhoushan Fisheries Association v.Shenmaren Company “Zhoushan Fish” certification trademark infringement case,Wuchang Rice Association v.Yongchao Company “Five Chang Rice” certification trademark infringement case and Longjing Tea Association v.Shunxiang Business Center “West Lake Longjing” certification trademark infringement case In the case of the case,the paper analyzes the “judicial practice of trademark infringement identification of geographical indications”,“the boundary of trademark certification trademark rights”,“trademark use of geographical indication certification trademarks” and “fair use of geographical indication certification trademarks”.In the "Judicial Practice of the Identification of Infringement of Geographical Indication Marks",the author analyzes the case status of the geographical indication certification trademark case in recent years,and then introduces the factors considered in the judicial practice for the identification of trademark infringement.That is,trademark use and reasonable use.In the article "Standards for the identification of trademark infringement of geographical indications",the author combines typical cases with current laws and regulations and theoretical research to study and analyze the "trademark use" and "reasonable use" of geographical indication certification marks..Finally,the perfect suggestions for the identification of trademark infringement of geographical indications are given.
Keywords/Search Tags:Geographical Indications' Certification Trademark, Trademark use, Fair use, Infringement Recognition
PDF Full Text Request
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