Reflection and Reconstruction of China's Geographical Indication Pro-tection Mode Under the Mechanism of Interest Balance
[Purposes]Based on the mechanism of interest balance,this paper aims to achieve the balance among multiple subjects under different interest patterns and systems in the geographical indication pro-tection system.[Methods]This paper analyzes the relevant laws and regulations,explores the causes of power concurrence and conflict among different interest subjects,and analyzes the applicable rules of the interest balance mechanism in the protection of geographical indications.[Findings]In the interest rela-tionship of geographical indications,there are conflicts of interest between the interests of legitimate us-ers of geographical indications and the public interests,the right of geographical name trademark and the legitimate users of geographical indications,and the legitimate users of geographical indications and the competitors in the market outside a specific region.[Conclusions]China needs to reconstruct the protec-tion mode of geographical indications,separate geographical indications from certification marks and col-lective marks from the legislative level,give three types of geographical indications protection at the same level,define the geographical scope of geographical indications protection as natural areas,and build a geographical indications protection system with special geographical indications law as the main and trademark law as the auxiliary.
geographical indicationinterest balanceprohibition of abuse of rightscollective trademarkcertification mark
NETL
NSTL
万方数据
维普
