A Study on the Conflicts and Coordination between Geographical Indication Trademark Protection and the Sui Generis Protection System

DOI: https://doi.org/10.62517/jel.202614402

Author(s)

Jianing Luo

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

China currently adopts a dual-track protection system for geographical indication (GI), comprising trademark-based protection and sui generis protection, with the former serving as the dominant approach. This has led to issues such as the coexistence of multiple rights causing conflicts and inconsistent infringement standards. The core problem lies in the fact that the collective nature of GI cannot fully align with the private rights nature of trademarks, and the objective correlation of “product-place of origin” for GI also struggles to harmonize with the subjective recognition standards of trademarks. From the perspective of domestic industrial development or international competition needs, there is a practical demand for a protection model primarily governed by sui generis legislation. Accordingly, China should enact dedicated legislation on GI, adopt objective criteria as the primary basis for determining infringement, ensure effective coordination between the sui generis regime and the Trademark Law, and establish a specialized authority responsible for GI protection. These measures would help prevent conflicts of rights resulting from the functional overlap between the two protection regimes, enable each regime to perform its respective functions, and ultimately achieve a higher level of protection for GI.

Keywords

Geographical Indication; Trademark Law; Sui Generis Legislation; Conflicts of Rights

References

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