Study On Several Theoretical 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 introduces the concept,the target and the elements and some problems on registered trademark imitation.This thesis is divided into three parts:Partâ… describes the concept of false register brand crime.Criminal Law includes that registered trademark imitation is the serious behavior who having no permission of the owner of the registered trademark uses the identical kind of the commodity.First, the referenced commodity of the same commodity which is checked by registered trademark. Second, introduces the meaning of the same and similar brands. Upon it introduces the scope of the public, the meaning of the nearly having no difference and the meaning of sufficiently causing misleading. Last, this part introduces the meaning of the use. The meaning of the use is that use the registered trademark on the commodity, the pack or the vessel of the commodity and the exchanging copy clerk of commodity. The meaning of the use also includes that use the registered trademark on the propaganda and display of the advertisement.Partâ…¡analyzes the target of registered trademark imitation. This part introduces several situations of violating registered trademark and to registered trademark whether included the service trademark to carry on the discrimination.First, to the violated registered trademark certain situations to carry on the summary. Second, to registered trademark whether included the service trademark to carry on the discrimination. Insist that the registered service trademark can become the object of the registered trademark crime. They have the same essential characteristics and the functions. Their basic nature all is to distinguish the same or the similar commodity and the service. We may understand the origin of the commodity and the source of the service. They all play the extremely vital role in the current distribution realm. The consumers purchase the commodity or accept the service, first pay attention to the trademark. The trademarks are advantageous for the consumer to carry on the surveillance to the commodity or the service quality and advantageous to maintain consumer's benefit. Promote social economy health developments.Partâ…¢analyzes the four elements of false registered brand crime from four aspects.First, this part expounds that the object of false registered brand crime is the complex object, namely national trademark control system and other people registered trademark right of sole use. Second, this part analyzes "the circumstance to be serious" in the objective aspect of false registered brand crime, it includes two questions called "the illegal management amount" and "pretends famous trademark of the other people ". The illegal management amount is refers to the behavior to make, storage, transport, sale the infringement product value in the implementation infringement intellectual property rights behavior process. We should treat as the quite broad explanation to the famous trademark. Third, elaborates the main body of the pretended registered trademark crime is "the general main body". The state agency, the social groups also have the possibility to be engaged in pretending the registered trademark activities under the certain conditions. At last, elaborates three questions in the subjective aspect of the pretended registered trademark crime. The subjective crime of the pretended registered trademark crime is only possibly intentional but not indirect intentional. Although the overwhelming majority pretenders to seeks the illegal benefit, we cannot think "take seeks to make a profit as the goal" is the essential factor of this crime. About the subjective aspect of the pretended registered trademark crime "knows perfectly well", three are three theories called subjective said, objective said and compromised said. We support the viewpoint which compromised said insists.