Reinterpretation of the Proper Use of Geographical Indications
In practice,it is considered that the"legitimate use of geographical indications"stated at Article 4.2 of the Implementing Rules of the Trademark Law is actually referred to as legally using geographical indications to describe the product origin,from which two concepts are derived:normative use and free use of geographical indications.However,when a region name is connected with a particular product,the using of the name is in ef-fect employing the commercial reputation of the geographical indications of such place.Therefore,the"legitimate use of geographical indications"is actually a restriction on the trademark right of geographical indications made after a comprehensive measurement of benefits and interests,rather than a restatement of Article 59 of the Trade-mark Law.That is,when meeting the conditions for the use of geographical indications,producers have the right to take advantage of the reputation of geographical indications by using the place names and trade names con-cerned on their product,and geographical indication associations ought to respect the legal use of such producers.
geographical indicationsfair useuse of the place name of productionrestriction of rights
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