2. Stop the infringement. Report to quality inspection, industry and commerce and other functional departments to stop further infringement from production and sales.
3. Strive for compensation. Bring a lawsuit to the court, demand compensation for losses and publicly apologize.
4. Save your reputation. Strengthen the management of transportation and marketing, choose the opportunity to publicize according to the facts, and recover the loss of word of mouth.
After the application and examination and approval procedures to obtain the protection of geographical indications, the product owner shall enjoy the right to geographical indications according to law. Of course, this right has the right to exclude non-right holders from using their geographical indications according to law. The right holder of geographical indications has the right to complain to the competent authorities about the infringer? Local quality inspection agencies may lodge a complaint for investigation or bring a lawsuit to the people's court.
Infringements on the rights of owners of geographical indications can be subdivided into three categories.
The first category is the act of using or forging the names of geographical indications and special signs without authorization. This refers to the acts of operators who have not obtained the protection of geographical indications and do not enjoy the rights of geographical indications, using the approved names of geographical indications, special signs or forging special signs without authorization;
The second category is the use of geographical indication product names that do not meet the requirements of product standards and management norms. This mainly refers to the same product produced by producers in the geographical indication product protection zone. Although the same product produced in the protected area is not allowed to use special signs because its products do not meet the requirements of geographical indication product standards and management norms, operators use geographical indication names without authorization. For example, the green tea produced by a green tea manufacturer in the West Lake area of Hangzhou is similar in appearance and taste. Longjing tea? The standard of is close to but not up to standard, so it is not allowed to be used? Longjing tea? Special signs for the protection of geographical indications products. The manufacturer used a special logo without forgery? Longjing tea? Three words are marked on the outer packaging of its goods. This also constitutes an infringement of the right to geographical indications;
The third category is the use of names or logos that are similar to special signs and are easily misunderstood, as well as words or patterns that may mislead consumers, so that consumers mistakenly think that they are geographical indication protection products. The difference between this behavior and the first and second behaviors is that although the names and special signs of approved geographical indication products are not used, the names and special signs used in the scheme or pattern are similar to those of geographical indication products, which are easily mistaken for geographical indication products.
The above-mentioned three acts are violations of the rights of geographical indications, which are situations where the right holders of geographical indications can file complaints and lawsuits, and also acts that the competent departments of geographical indications can actively investigate and deal with according to law.