Study On The System Of Geographical Indications Opposition

The intellectual property rights of geographical indications are increasingly valued by our country.As an important part in the process of confirming the rights of geographical indications,the geographical indications opposition system safeguards the interests of the geographical indications stakeholders and the public interest,and has a social supervision role in determining the geographical indications.Due to the lack of systemicity of the legal protection system for geographical indications in China as a whole,the geographical indications opposition system also has problems of insufficient supply and chaotic system.At a time when China has begun to unify the geographical indications identification system and improve the legal protection of geographical indications,it is practically necessary to study the geographical indications opposition system in depth.Guided by the nature,function and value of the geographical indications opposition system,and drawing on the experience of advanced international organizations and countries,the geographical indications opposition system should follow the premise of selecting a special law and supplementing the trademark law with the protection model of geographical indications,and follow the principle of balance of interests and the principle of judicialization of procedures to reconstruct the geographical indication opposition system in the original special law legislation,and the trademark opposition system should be coordinated and adjusted accordingly.In addition to the introduction and conclusion,this article is divided into five parts:The first part is the basic positioning of the geographical indications opposition system.The design and improvement of the geographical indication opposition legal system should be guided by its institutional positioning.Therefore,the part basically positions the nature,function,and value of the geographical indications opposition system,and provides guidance for improving the geographical indications opposition system in China.The second part is the consideration elements of the geographical indications opposition system.Analyze the main content of the geographical indication opposition system according to the division criteria of the legal system's entities and procedures.The substantive elements mainly refer to the cause of the opposition.According to its content characteristics,the absolute cause includes that not satisfied the application conditions of the geographical indications rights and the geographical indications have become common name,including animal and plant species names;relative causes include conflicts of relative rights such as geographical indications and trademarks,geographical indications of the same name,and the names of animal and plant varieties.Procedural elements are mainly based on the qualifications of the object of the opposition,the time limit of the opposition,and the examination and relief of the opposition.Sorting out the content of the geographical indications opposition system provides a theoretical framework for introducing the extraterritorial geographical indications opposition system and improving China's geographical indications opposition system.The third part is the inspect of the extraterritorial geographical indication opposition system.The representative international organizations or countries of the "New and Old World" camps are selected to introduce their geographical indication opposition system.Based on this,the advantages of the extraterritorial geographical indication opposition system are summarized to provide reference learnable experience for improving China's system.The fourth part settle to the status quo and problems of China's geographical indications opposition system.This part introduces the status quo of the geographical indications opposition system in the special protection mode and the trademark protection mode under the mixed protection mode of geographical indications in China,and analyzes and summarizes the existing problems and the overlap and conflict of the geographical indications opposition system under the two protection modes.The fifth part is the improvement of China's geographical indications opposition system.In view of the problems in the system and content of the geographical indications opposition system in China,it is suggested that China should firstly choose the geographical indications special law protection model,trademark law provides supplements and assistance,and on the basis of improving the opposition system in the original special legislation,formulate the geographical indications Law and construct a new geographical indications opposition system.In view of the coordination of geographical indications and trademark laws,the trademark opposition system should refine and modify the cause of opposition.