Reconciling conflicts between trademark and geographical indications: How to protect geographical indications in China.

摘要

Now, old mode (certification mark mode) and new mode (registration of geographical indication mode) to protect geographical indication ("GI") co-exist in China. However, many challenging legal concerns under this dual protection model have arisen as a result.; This thesis aims to analyze the relationship between GI and trademarks and examine the issues under the dual modes of protection in China. The central argument I advance is: Since there are differences between trademarks and GIs in right holder and right execution, conflicts thus arise under the co-existing protection modes. I choose four typical cases to highlight the various conflicts. After studying the rules and proposals in TRIPS Agreement and international organizations, I tentatively propose some suggestions to resolve the issues resulting from the dual protection. I conclude that "first in time, first in right" priority may be as a basic principle to resolve such issues in the future.