Research On Law Regulation Of The Trademark Reverse Passing-off

Trademark reverse passing-off means that the actor replace or remove and enclose others trademark which stuck on this goods without authorization after buys the goods legally, launch this goods into the market again, and conceal the real producers to the public. It includes obvious reverse passing-off and recessive reverse passing-off. Trademark reverse passing-off is different to the behavior of imitating in trade mark: the multiplicity of reverse passing-off behaves; being double tort by any possibility; using products of others; as the way of replacing or removing; the multiplicity of sequent of the behavior. It is not only trade mark tort action, it is also an unfair competition behavior, it's basic should include: The goods must stem from the person reverse passed-off; The goods have prestige in the mind of consumers; Without former producer's consent; The reverse passing-off will cause consumers to obscure and the person reverse passed–off must be damaged. Trademark reverse passing-off not merely encroached on original owner of a trademark and consumer, make the damage of the owner of trademark and consumer's interest, and increase the cost to search for and the risk to buy for consumers, and endanger enterprise's famous-brand implementation, destroy the competition order of market economy.It is incomplete that the mechanism of our country to regulate trademark reverse passing-off, for instance: Recessive trademark reverse passing-off has not been forbidden; The protection domain has not included the unregistered famous trade mark; The oblige puts the proof difficultly in the proceeding; The lack of punishing compensation system; Disunion of the applicable law; The administrative supervision of the order of use of trademark is not good; Scarcely of the penalty, the existence of these questions is unfavorable to the protection of the rights and interests of owner of a trademark. We should set up the mode that we mainly adopt the Trademark law and supplemented by a positive correlation law in the regulation mechanism of trademark reverse passing-off, and we should improve the following measures: Increase the regulation of recessive reverse passing-off; Introduce the unregistered famous trademark to the protection domain; Practice the inversion of the putting proofs; Increase application of punishing compensation system; Dealt with relevant laws in application process correctly; Strengthen the administrative supervision of use of trademark; Devote more efforts to punishing criminally. We should improve these measures to regu late trademark reverse passing-of f more effectively.