On The Crime Of Counterfeiting Registered Trademarks

The trademark is the sole of the business.Infringing registered trademark is a comparatively outstanding problem in contemporary practice. In the wake of the internet development, fresh criminal situation of infringing trademark rights has arised. It is significant to correctly comprehend and firmly identify the crime of infringing trademark right as to protect the right of trademark man.The original is drift through committing a crime constitution , the criminal judical identification and so on, to probe into our criminal law to regulate counterfeit registered trademark crime ,moreover to the consummate problem of legislate ponders over.There are five sections in the text.First section was introduced the legislate course of change and development counterfeiting registered trademark crime Jntroducing the development of infringing registered trademark crime in our country ,and the registered trademark international protection at present.Second section stressly expoundes the criminal constitutes of counterfeiting registered trademark crime.Through counterfeit-ing registered trademark crime ,Object , Objectively respect , Subject , The subjective respect have been underway detailedly expounded .The object section introduces the debate on the crimenal object of the crime in our country, Expounding the complex object of counterfeiting registered trademark crime is other people's private right of registered trademark and the administration to the registered trademark in our country ; The criminal target of this crime is other people's registered goods trademarks.The objective respect expoundes that what is "Not allowed by the ownership man ", " Identical kind of goods", "Use " and how to comprehend "The same trademark " and "Story is seriously " ,and so on .The subject consists of natural person and unit ; Finally in subjective respect, expoundes the questions consiststhat the crime cannot done by indirectly willfully , "the aim to make money " is not nessarary and how to confirm "Be fully aware ",and so on.Third section is how to identify the crime of counterfeiting the registered trademark. Elaborate the dividing line of the accomplished offence and not accomplished offence; dividing line of this crime and other crime, Consist of this crime and crime of manufacture and sale fake bad product, the dividing line of the crime and the crime of defrauding; the dividing line of one crime and several crimes and the indentify of gangcrime.The fourth section is the penalty to the counterfeiting registered trademark rights crime. Elaborate the rule of the crime penalty ,the different regulation to the natural person and unit in our criminal law, and the suit form in infringeing the trademark rights.The fifth section is the legislate proposal to improve the criminal protection system of registered trademark in our country. Consising of broadening the limit of safeguarding trademark target ; Carefully dividing "Story is seriously ", lowering down the prosecute level and establishing the criminal rule to the electric network trademark rights protection.