Research On Perfecting The Infringement Judgement Of Geographical Indications To Certification Marks

The geographical indication(GI)system possesses economic,social,cultural,and ecological values.In recent years,China has placed great emphasis on and explored the potential of the GI system,making it an important engine for local economic development.This paper begins by discussing the fundamental theories and introducing the unique functions and special characteristics of geographical indication certification trademarks,drawing from relevant international treaty development and related concepts.Subsequently,it examines and analyzes the current legislative and judicial status of the GI system.On the one hand,it investigates the establishment and development of various protection mechanisms in China,explores the negative impacts of infringement determination in practice,and explores the significance of regional legislation.On the other hand,it selects relevant judicial cases to analyze the trends in GI infringement cases and the main stages involved in their adjudication,highlighting the primary issues faced.Due to the relatively late development of China’s overall intellectual property legal system,the legal basis for determining geographical indication trademark infringement is unclear.The administrative authorities have also enacted regulatory documents to protect local resources,leading to problems in the judicial determination of infringement,including unclear legal bases at the system level and interference from administrative protection at the operational level.Furthermore,there are differences in the infringement determination process,vague judicial reasoning,and varying standards for assessing infringement in judicial practice.These deficiencies collectively demonstrate the urgent need for improvement in the legal determination of geographical indication trademark infringement.In light of these issues,this paper proposes three suggestions for improvement.Firstly,it advocates for the effective transformation of specialized symbols to promote standalone legislation,thereby eliminating overlapping protection and fostering unified protection systems for geographical indications in the future.Secondly,it recommends establishing a comprehensive path for determining infringement by considering the specific characteristics of the resources involved.Lastly,after thorough analysis,it suggests adopting the"likelihood of confusion"standard as the criterion for determining infringement by the general public.By addressing the main issues,this article provides a comprehensive analysis of the institutional and practical challenges faced in determining infringement,while also offering relevant suggestions to ensure the sustainable development of China’s geographical indication resources.