Trade Mark Protection Under Criminal Law: A Comparison Between Five Countries

Trade mark right being is regarded as one of the important component of the Intellectual Property Right, gaining more and more attention in this socialist country. After entering WTO, China will gradually open further its markets in the areas of commodities trading and trade services. The Chinese markets have huge potential and broad prospects. Of course, while on one hand WTO entry brings opportunities to China, on the other hand, the legal and regulatory systems, especially the trade mark legal system needed to adapt to a modern market economy have not yet been completed.It is essential to develop economy by implementing the strategy of the trade mark, which covers how to utilize trade mark right to create profits, how to progress our country's competitiveness of trade mark right, and how to change 'Made in China', into 'China Brand'. With this background, trademark protection is consecutively becoming a necessary measure to protect this invisible property of trade mark right. In current situation , the trade mark infringement are more and more in China, existing measures of protecting the trade mark right mainly includes the legislation on protecting trade mark right, measures on administrative exertion, and measures on judicial remedy of civil and criminal law, which seems not enough to cease the infringement.Based on the current situation of criminal law protection to Trade mark right in China, this paper reviews and deeply analyses its legislation process and investigates the legislative situations of protections to trade mark right in four main foreign countries, putting forward suggestions on perfecting the trade mark right by criminal legislation in China. I hope this essay be helpful in perfecting the protection of the Trade mark right by criminal law.