A Study On The Conflict Between Geographical Indication And Common Geographical Trademark

Geographical indications and common geographical trademarks,as different identification marks,will appear the same mark.In some cases,they may exist as both geographical indications and common geographical trademarks.For example,"Liubao tea" is not only a geographical indication of Wuzhou tea development office,but also a registered trademark of Guangxi Wuzhou Maosheng Tea Co.,Ltd.different parties proposed geographical indications and business respectively When the subject-matter claims,there will be conflicts and contradictions between geographical indications and trademarks.At present,there is no special law to solve this conflict in our country,and there is also a situation of disunity in judicial practice.In order to solve the conflict and avoid the judicial inconsistency,this paper studies.They have different recognition functions.Geographical indications focus on identifying the geographical sources of goods,while common geographical trademarks focus on identifying the information of producers.There are two types of conflicts : one is the conflict between the prior geographical indication and the later general geographical indication;the other is the conflict between the prior general geographical indication and the later general geographical indication.On the surface,it is mainly caused by different protection modes of geographical indications in different countries and regions.While in essence,it is the conflict of interest between regions with different attitudes towards the protection of geographical indications.However,the conflict between geographical indications with the same mark and common trademarks in the same region in China was caused by the backward legislation in the early years.For example,Jinhua ham was registered as a trademark in 1981.however,the protection of geographical indications in China started from the promulgation of ? Regulations on the protection of products of geographical origin ?in 1999.however,Jinhua Ham was protected by geographical indication products in 2005.At present,part of the reason is that some market subjects are lack of legal awareness.For example,"Liubao Jinhua tea" was applied for registration by Guangxi Wuzhou Maosheng Tea Co.,Ltd.in 2008,and was approved for registration on January 28,2011.However,Wuzhou industrial development office only applied to the original state Administration of quality supervision in March 2011,and became a national geographic indication protection product.The latter evaluated the original business in 2016 The Commission made a request for invalidation.It is found that both the richness of geographical indication resources and the way ofagricultural development in China are similar to those in France,which attaches great importance to the protection of geographical indications.Therefore,this paper suggests that China should draw lessons from the protection mode of French special law,formulate the special law of geographical indications,perfect and allocate the functions of geographical indication industry associations and management agencies,and solve the conflict between them by giving priority to the protection of geographical indications in China.