Is a geographical indication a collective trademark?
Geographical indications are not collective trademarks.
First, the purpose of a collective trademark lies in the An organization registers and owns the ownership of a collective trademark. This ownership is essentially an individualized right, that is, it is owned by the organization as an individual, and members of the organization only have the right to use the collective trademark. Geographical indications are a collective right, and the owner of a geographical indication should belong to all producers and operators in the geographical area.
The most significant feature of geographical indications is their regional nature , this geographical area gives a product quality, reputation or characteristics that cannot be given by other areas. These are all determined by the area's unique soil, climate and other natural geographical conditions, or the area's unique technology and traditional craftsmanship and other human factors. Or an organic combination of the two. Therefore, no "individual" within or outside the area can become the owner of a geographical indication. Therefore, a geographical indication is a collective right that belongs to all producers and operators within the area.
Second, a collective trademark only serves to indicate the qualifications of members of a collective organization. It itself has no role in distinguishing products, indicating the geographical origin of products, product quality and reputation. Geographical indications are just the opposite. Its main function is to indicate the geographical origin of the product and the specific quality and reputation of the product. If it were not for this purpose, there would probably be no need to establish a geographical indication system.
Third, according to the provisions of the implementation regulations of China’s current Trademark Law, the goods meet the conditions for the use of this geographical indication. Producers or operators can obtain the right to use geographical indications by participating in collective organizations, or they can legitimately use the geographical indications without joining collective organizations. However, through analysis, it can be concluded that the result of this provision violates the exclusive characteristics of trademarks and It also distorts the essential attributes of the collective trademark, and its logic is very confusing.
Our country attaches great importance to the protection of geographical indications, because geographical indications are of great significance to China's economic development and cultural protection. Of course, when protecting, it is necessary to clarify whether the geographical indication is a collective trademark, so that it can be well Supervise and manage geographical indications locally.
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