On The Conflict And Coordination Between Geographical Indication Rights And Trademark Rights

Our country has an unrivalled resource advantage in terms of geographical indications.In the face of increasingly fierce international competition,we must correctly understand the economic benefits inherent in the geographical indications and turn them into additional points for our country to participate in international competition.Provide important support for China's scientific and technological power,and strong intellectual property rights.Therefore,from the perspective of law and intellectual property rights,the protection of geographical indications has more significance.At present,the protection model adopted by China for geographical indications reflects,to a greater extent,the functions of administrative agencies,and the degree of administrative participation is too high.However,there are certain similarities in the functions of the geographical indications and trademarks,and there are also contradictions in the management of geographical indications and trademarks.This thesis studies the conflict between GI rights and trademark rights through case analysis method and comparative analysis method,discusses some of the existing theories,and finally gives some suggestions in the existing legislation to provide a comparison for judicial practice.In addition to the introduction and conclusion,this paper has the following structure:Chapter ?:The difference between the right of geographical indications and related concepts.This chapter mainly describes some basic concepts:trademark rights,geographical indication rights,and basic concepts such as trademarks and geographical indications.These concepts are distinguished.In addition,various kinds of doctrines on how to coordinate the conflict between geographical indication rights and trademark rights are introduced.Chapter ?:The manifestations and causes of the conflict between the right of geographical indications and trademark rights.This chapter analyzes the causes of the conflicts by analyzing the specific manifestations of the conflicts between the rights of geographical indications and trademark rights.With these analyses,we can find out the reasons for conflicts and help us to better solve the problems.Chapter ?:Coordinate the extraterritorial application of the conflict between the right of geographical indications and trademark rights.This chapter mainly describes some practices or related management methods adopted by other countries and international organizations in the face of conflicts between the rights of geographical indications and trademark rights.First of all,we introduced the practices of some international treaties,followed by other typical countries,such as France,which have taken measures to resolve such conflicts.The time for our country's geographical indications to begin to be recognized is relatively late,while other countries in the world have developed to a higher degree.Therefore,through the analysis and research on the practices of other countries,the actual situation in China is used as the basis for the right to geographical indications in China.Chapter ?:Legal countermeasures for the conflict between the right to geographical indications and trademark rights.This chapter is mainly aimed at proposing solutions to the problems raised in the previous article.It is suggested that relevant systems should be perfected at the legislative level to amend the existing laws so as to avoid or reduce the conflict between the right of geographical indications and trademark rights.