The Analysis Of The Characteristics And The Tort Liability Of Trademark Reverse Passing-off Acts

This thesis makes an objective analysis of the harmfulness, the identification of responsibility and the tort liability of trademark reverse passing-off from the prospective of its characteristics. According to some relative laws, such acts can be identified as a trademark infringing act. However, there is a certain similarity among different regulations, as a result, the absoluteness of the acts is not appropriate. Therefore, there is great dispute on how to identity the property of trademark reverse passing-off acts. The harm of trademark reverse passing-off acts has diversity, which mainly reflects in the harm of the rights and interests of the one who is counterfeited and the consumers as well as the harm of the order of the market economy. There're two ways to identify the trademark reverse passing-off acts: one is according to the acts of its powers, which is active identification; the other is through litigation by the victims, which is passive identification.This thesis is based on the administrative responsibility of the trademark reverse passing-off and analyzes the various forms of litigation; and meanwhile, it puts forward the financial responsibility that should undertake by the trademark reverse passing-off acts. It is not a novel concept to study the trademark reverse passing-off throughout the world, but it still doesn't make a specific regulation in Chinese legislation, only involves a little in Trademark Law of the People's Republic of China, so it lacks of theoretical support. Consequently, to make a research of trademark reverse passing-off still has its theoretical and practical values.