The Research Of Reverse Passing Off Problems In Our Legal System

The"Maple leaf"&"Crocodile"case,which took place in 1994, can be rated as in the first involving reverse passing-off in our country. Because no laws and regulations can be used to regulate this kind of behavior at that time, how to deal it become the focus that people pay close attention to. Since then,a deepening and lasting discuss has launched in intellectual property field to reverse passing-off. Especially the nature of reverse passing-off and the legal application to this behavior has been focuses disputed of scholars all the time in our country. Item 4 of article 52 of"Trademark Law"revised newly in 2001 says: "without trademark registrar's consent , change registered trademark and then put the goods into market"infringe the register's exclusive right to use a trademark. It shows clearly that this behavior is a kind of infringement exclusive right to use a trademark, and the behavior has been included in the law of our country. The judicial authority will avoid the presenting awkward situation that there are no laws to abide by while dealing with this kind of case in the future. In our country, the theory of reverse passing-off is still not perfect,but various kinds of reverse passing-off behavior take place frequently among our country social life,so author think it is necessary to study deeply it,to propose as many as possible that the suggestion perfects it,in order to regulate it effectively.To the United States as the representative of the Western countries fake reverse doctrine and its jurisprudence is developed, and more substantial development in recent years. In the evaluation and draw on the reverse before the current problems encountered fake, multi-faceted study of the American judicial history, theoretical basis and the formation of specific systems, so that there would be a reflection of its legal system, the problems also inspire its legal system reform. From the early 20th century, fake reverse in the field of copyright returned; the 80s and 90s of the 20th century fake reverse Regulation on the expansion of the field of copyright and removing areas; then for a body commodities reverse fake and regulation discussions, the reverse problem of fake and began to be of concern. On the fake reverse many cases the accumulation of proceedings, Reverse identified as fake and infringing the constituent elements of the establishment of the theory with concrete frame construction system.For trademark counterfeiting reverse the nature of the finds. From the original trademark angle, reverse trademark counterfeiting may infringe on a trademark; From the perspective of the interests of consumers, Reverse counterfeit trademark act is likely a consumer fraud act. Competition from the market point of view, reverse trademark counterfeiting is likely to constitute unfair competition. Whatever the legal right to be counterfeit trademark reverse Regulation to clarify treated by reverse fake and the consequences, I should be divided into two treatment. Seeing the reverse counterfeiting there is a certain rationality at the same time, we should also be aware of their behavior brought about by the social harm. Because fake reverse to take legal regulation is necessary, Regulation of strength while the choice must also be appropriate in the context.Counterfeit trademark reverse the application of the law, all countries have adopted regulatory system in different ways. Comparison based ownership pattern and unfair competition the advantages and disadvantages linked China bans counterfeit trademark reverse the legislative, judicial status quo, Analysis of the existing Trademark Law Article 52 (4) of the trademark reverse fake, My right to make counterfeit trademark reverse the legislative system to further improve the proposal.