Thanks to the rural revitalization strategy,many agricultural products with regional characteristics have been granted geographical trademarks which indicate the product's production region.With trademarks of both natural and humanistic characteristics,these agricultural products become popular in the market.Some competitors or downstream sellers use the geographical trademarks without the authorization of the owner of the trademark.In recent judicial practice,there has been a significant increase in infringement of geographical indication trademarks of agricultural products.The party accused of infringement will usually plead fair use,legal source,abuse of rights,etc.,for the judgment of no infringement and no compensation.Different courts have different degrees of support for the reasons.Clarifying the components of these reasons and the responsibilities of presenting evidences is urgent in judicial practice.Only on this way can geographical trademarks of agricultural products be better protected and the judicial service for agriculture,rural areas and farmers be improved.
关键词
地理标志/地理标志商标侵权/抗辩体系/合理使用/合法来源
Key words
geographical mark/infringement of geographical trademark/defense system/fair use/legal source
万方数据