On The Infringing Registered Trade Mark Crimes

With the deep process of our politics and economic system reform and rapid pace of opening-door policy, there are many new cases and problems in infringing trademark right crimes, especially in copying registered trademark crimes, and the situation is worst day by day. To resolve the existing problems in indentifying and punishing this crime, the writer made an analysis on copying registered trademark crime in four aspects in the article: The first part discussed the current status of copying registered trademark crime and legislation value; the second part probed the conception of copying registered trademark crime and interpreted the stipulation of Article 213 of Crime Law of PRC, and defined the"without permission","the same good"and"use"in the conception; the third part disclosed the judgment of copying registered trademark crime and defined the scope of crime object–"registered trademark"; and made clear the standard of"guilty or not guilty"and distinguished this crime and other crime names; the fourth part pointed out the legislation defects of our existing criminal law on this crime and presented the writer's suggestions on improving the legislation of this crime.