Research On Malicious Litigation Of Geographical Indication Trademark

In recent years,malicious litigation cases involving geographical indication trademarks such as "Tongguan Roujiamo" have attracted widespread attention in society.The perpetrators of malicious litigation using geographical indication trademarks have had a serious impact on market operation order and social fairness and justice,indicating that the current legal system has insufficient guidance for the protection of geographical indication trademark rights and regulations for malicious litigation.The first chapter of this article is an introduction,mainly introducing the research background and significance,domestic and foreign literature review,research methods adopted,and innovation points of the paper.Chapter 2 studies the special legal nature of geographical indication trademarks and reveals the current situation of malicious litigation of geographical indication trademarks in China,combined with trademark litigation cases such as "Tongguan Roujiamo".Chapter 3 starts from the connotation of malicious litigation,combines the basic rules for determining trademark malicious litigation and the particularity of geographical indication trademarks,and studies how to identify malicious litigation behavior of geographical indication trademarks.Chapter 4 analyzes why malicious litigation of geographical indication trademarks occurs.Research has found that there are mainly the following reasons: firstly,China’s legal system for malicious litigation and compensation for damages of geographical indication trademarks is not perfect enough;Secondly,there are loopholes in the examination and control of geographical indication trademark registration by the trademark registration examination authority;The third is the drive of commercial interests and insufficient legal regulation of malicious litigation.Chapter 5 suggests specific regulations on malicious litigation of geographical indication trademarks from three aspects: legislation,judiciary,and administration.How to use and correctly protect geographical indication trademarks is an emerging hot topic,and the current theoretical research on malicious litigation of geographical indication trademarks is not very rich.The innovation of this article lies in the effective identification and regulation of malicious litigation of geographical indication trademarks through the study of the legal characteristics of geographical indication trademarks themselves.This article selects hot cases such as "Tongguan Roujiamo" as the research object.On the one hand,it answers the practical problems of geographical indication trademarks falling into the dilemma of rights protection,and on the other hand,it provides specific suggestions for regulating malicious litigation of geographical indication trademarks.This is of great significance for further improving China’s geographical indication protection system,promoting the healthy development of characteristic industries,and assisting in the construction of an intellectual property power.