Reflections on the Solution of the Conflict Between Geographical Indications and Prior Place Name Trademarks in China
[Purposes]Exploring the resolution path of conflicts between geographical indications and prior place name trademarks can not only resolve rights conflicts and balance the interests of rights hold-ers,but also provide a favorable legal environment for the development of geographical indications.[Methods]By analyzing the legal provisions related to geographical indication trademarks,the shortcom-ings of geographical indication protection models,and the current conflict situation in practical cases,this paper clarifies the reasons for the conflict of rights between geographical indications and prior geo-graphical indication trademarks.[Findings]The provisions of the trademark law on place name trade-marks and the factors of historical legislation have led to a variety of forms of place name trademarks.Since protection system of geographical indications in China is not yet perfect,it is difficult to avoid con-flicts between the two,and there is a lack of clear and detailed conflict resolution rules.[Conclusions]Based on the principles of"time first and rights first""subjective intention"and"balance of interests",this paper puts forward a protection mode of geographical indications with a specialized legal protection mode as the main one and trademark law as the auxiliary one.The resolution rules for conflicts between geographical indications and prior place name trademarks are refined,and place names are limited as or-dinary trademarks.Objective standards are adopted to determine the time when geographical indication products are protected,and the conditions for the coexistence of prior place name trademarks and geo-graphical indications are clarified,thus solving the conflict between them.
geographical indicationsplace name trademarkprinciple of time firstsubjective intentionprinciple of balance of interests
NETL
NSTL
万方数据
