Inspecting and reconstructing the approach that the trademark law protects the geographical Indications:with the distinguishing function as the logical staring point
Geographical indications registered as collective trademarks and certification trademarks are expect-ed to play a role in protecting the local operators and promoting the revitalization of rural industry,which,however,show the danger of evolving into a tool for exploiting the local operators.The trademark system is centered on the distinguishing function of trademarks,which is incompatible with the basic function of the distinguishing function of geographical indications.China's trademark law caters for the distinguishing func-tion of geographical indications through the formulation and application of several special rules.However,this approach firstly disintegrates the basic function of trademarks,which is not conducive to the mechanism of maximizing the use of trademarks to activate innovation.Secondly,it overlaps with the value orientation of sui generis laws and regulations.Thirdly,it creates soil for abuse of rights.Therefore,the inevitable way to strengthen the legislation of geographical indications and enhance the coordination of the protection system of geographical indications is that the trademark law should return to its value orientation of protecting the distinguishing function of trademarks,stop the active recognition of geographical indications,and remove or stop the application of the special protection rules for geographical indications.
geographical indicationdistinguishing functiontrademark lawsui generis law
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