Study On Several Problems Of The Crime Of Counterfeiting Registered Trademarks

At knowledge and economy era,the content and value of trademark have already exceeded trademark itself.It is not only the important part of an enterprise's intangible assets,but also has already become the symbol of wealth.Meanwhile, trademark is more and more becoming a focus to criminals.The amount of trademark crime,especially that of registered trademark imitation cases is increasing rapidly and the harm is severe to our country.This article first introduces the concept,feature, elements and some problems on registered trademark imitation,then analyzes the shortages of legislation of penal law emphatically and puts forward some advice in order to improve the legislation of trademark crime in our country.This thesis is divided into four parts:Partâ… briefly describe the concept and features of false register brand crime.By analyzing false register brand crime,I realize that it is necessary and urgent to make false register crime law perfect.At this part,I induce that the features of false register brand crime are:First,criminal behavior is complex.Second,criminal methods are becoming intelligent.Third,the subject of crime is complex and organic.Fourth,the money involved is large,and it is great harm to our society.Fifth,the criminal behavior is developing to internationalization.partâ…¡analyzes the four elements of false register brand crime primarily.In the analysis of the elements,the false register brand crime is defined.The analysis is:First,the perpetrator of the crime is the general participant,including the natural person and the organization.Especially,the government organization or social unit engaging false register brand activity in some condition will become the subject of the false register brand crime if it is severe enough.Second,the subjective aspect is that the aim is deliberate intention,which means that the perpetrator know that the brand is owned by other man,but still use the same brand at the same merchandise without the owner's permission by the owner.Third,the direct object of the crime is the country's brand manage rules and the privilege of the owner of the register brand.Fourth,the object aspect of the crime is that the behavior...