On The Identification Of The Criminal Law Trademark

The Article 213 of criminal law in our country described: Using an identical trademark on the same merchandise without permission of its registered owner, and the case is of a serious nature.The supreme people's court and people's prosecutorial office issue in the article 8 of《interpretation on the specific application of violating the intellectual property right》that"the identical trademark"in the article 213 of criminal law means the trademark which is exactly the same as the counterfeited trademark or almost the same and able to lead to misunderstanding to the public.But in the justice practice, the cognizance of the identical trademark is still a tough problem. What is the exact meaning of"the identical trademark"in criminal law? How to define the identical trademark in the penal field?The paper is divided into five chapters and totally 30 thousand words. The first chapter defines the concept of the cognizance of the identical trademark including the range, the basic principles and elements etc..The second chapter is based on the fist chapter and it analyzes the exact rule of the cognizance of the identical trademark in our country's criminal law. The author deems that《interpretation of intellectual property right》frames the range of the identical trademark in dispute previously and makes the cognizance criteria of"identity"clearly and sets up the cognizance pattern of"identity". The third chapter further points out some deficiency in《interpretation of intellectual property right》The fourth chapter deals with the problem that comparing with the cognizance of the identical trademark in civil field, whether the cognizance of the identical trademark in criminal law has the particularity. And the author further analyzes how to materialize the particularity and points out the limitation of the criteria and pattern on the identical trademark cognizance in our criminal law.