On Criminal Law Protection Of Registered Trademarks

After China took part in the WTO, people pay more and more attention to the strategy of trademark with the coming of knowledge-based economy. As a. important part of the whole penal protection system of intellectual property right, the penal protection of registered trademark also attract people' s attention due to the increase of all kinds of crime to trademark. Beginning with the criminal law of 1979, the penal protection of trademark in China became more and more perfect. The thesis analyse the legislative history of penal protection and penal protection system of trademark in China, make a brief introduction of the legislation in main west countries and bring up some kind advice to the legislation in China.About the subjective conditions, the subjective condition of the trademark crime must be intended, that is, the criminals use the trademark of other people on their own goods on the condition that they know that the trademark belong to other people, or the criminals sell the counterfeit registered trademark commodity on the condition that they know the commodity are counterfeit registered trademark commodity, or print and sell trademark symbol illegally on the condition that they know the trademark symbol belong to other people.There are three points make up the objective condition of trademark crime. First, there is not the permission of the trademark owner about correlative action. Second, the crime must be actualized on the same commodity with same trademark. Third, polt is serious or the sum and quantity are large.The writer also give some analysis on the relationship between several different trademark crime in detail. Because the criminals often fulfill several different trademark crime simultaneously, that may concern the problem of joint crime and the form of quantity of crime. Make good understanding of such crimes will help us do punishment correctly.The writer give some good advice to the legislation on trademark crime in China.Firstly, enlarge the protective scope, the penal protection scope should include the commodity trademark and service trademark, not only commodity trademark at present. Unregistered famous trademark should be included in above scope.Secondly, enlarge the crime fact. It is stipulated in criminal law that using the same trademark on the same commodity without the trademark owner' s permission is a crime. But it is widely accepted that using the approximate trademark on the same commodity without the trademark owner' s permission and using the same and approximate trademark on the approximate commodity are also crime.Thirdly, set up the infringing trade name crime. By the development of commodity economy, trade name become more and more important. All kinds of crime to trade name not only damage other people' s commercial credit, but also do harm to the trademark strategy. So it is necessary to set up the new crime.Fourthly, adjust the fine to be the principal penalty to trademark crime, increase the total amount of the fine. Set up some qualification punishment.