What is the difference between the protection and management models of geographical indications and certification of origin trademarks?
For geographical indications and origin There are currently two different management models and approaches for the management and protection of names in our country:
The first type is managed and protected by the Trademark Office of the State Administration for Industry and Commerce in accordance with the Trademark Law and the Implementation Regulations of the Trademark Law. Since the clear definition of certification marks in the "Registration and Management Measures for Collective Trademarks and Certification Marks" implemented on March 1, 1995, my country has mentioned the concept of origin and accepted applications for certification marks of origin, it has begun to include the name of origin in the certification Trademark protection has been implemented for many years. Before 1999, my country’s Trademark Law had always been the dominant protection for geographical indications.
The other is issued by the State Administration of Quality Supervision, Inspection and Supervision According to the "Regulations on the Protection of Products from Regions of Origin", they have been implemented since August 1999. The purpose is to make up for the shortcomings of the protection of products from regions of origin only based on the "Trademark Law". Now it is gradually beginning to be taken seriously.
The differences between the above two protection and management modes are as follows:
(1) In the form of trademark protection:
TRIPS agreement emphasizes the private status of intellectual property rights, and geographical indications belong to the category of intellectual property. Geographical indications (name of origin) are a mark that indicates the source of goods. In terms of legal attributes, they belong to the category of intellectual property. As a kind of private right, the protection of geographical indications through the trademark system fully complies with the requirements of the TRIPS Agreement. The geographical indications defined in China’s Trademark Law are basically consistent with the definitions of the TRIPS Agreement. They are all special geographical indications that contain the characteristics of the place of origin. The Trademark Law should be applied. Act for protection;
Geographic indications and trademarks The basic functions are the same. They are both commercial marks that distinguish the source of goods. In addition to indicating the source, certification marks in the trademark category also have the function of indicating the quality of the goods. They have exactly the same function as geographical indications, especially names of origin, so they can be accepted as A form of certification mark;
from certification mark According to the definition, geographical indications (name of origin) in China belong to the category of certification trademarks. Registration and protection of certification trademarks of origin can effectively improve the visibility and competitiveness of products in domestic and international markets.
Protect geographical indications (appellations of origin) through certification trademarks to make them available today If the trademark legal system is fully functioning, there is no need to invest too many resources, and it is much easier than establishing a new system;
Geographic indications (name of origin) can only be registered internationally in accordance with the international treaties to which China is a party (the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Madrid Agreement) after registering a domestic certification mark. , and can make full use of the relevant priority provisions and obtain international registration as early as possible, which is conducive to trademark registrants using legal weapons to protect their own rights and interests in domestic and international trade. According to international practice, when the name of origin conflicts with trademark rights, it must The principle of "first to apply" is implemented. Therefore, China now uses a relatively mature trademark registration and management system to protect origin certification trademarks. This can not only give full play to the advantages of the existing system and personnel, but also save the material and resources of setting up a separate dedicated department. Human resources, and can make full use of the complete registered trademark file system to avoid conflicts between certificate of origin trademarks and previously registered trademark rights.
(2) In the form of quality protection:
The attributes of appellation of origin and trademark are completely different. A regional mark of origin is the name of a region and belongs to this region in common and cannot be owned by a specific Exclusively owned by an enterprise or individual. Trademarks are private rights and can be owned by individuals or a single enterprise. Protecting regional indications of origin in the form of trademarks cannot solve the problem of property rights ownership.
A geographical indication is a special type of commercial indication. The difference from a trademark is that it is not exclusively enjoyed by a certain operator to which it belongs. The exclusive right is registered and managed by the representative office of the operators in a certain region, and can be used by all operators in the region;
Geographical indications are unique, cannot be transferred or bought and sold, and are permanent in time. Trademarks can be freely transferred and their rights are protected. Time-limited. Therefore, the protection of trademark law cannot guarantee the uniqueness and permanence of geographical indications.
Geographic indication is not only a simple identification mark, but also a quality standard. However, the trademark law cannot guarantee the quality and credibility of the product in terms of management systems and methods. . The protection of the designation of origin is on the one hand the protection of the logo, but more importantly it is the supervision of quality and the control of the production process.
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