Problems Of The Crime Of Counterfeiting Registered Trademarks,

In accordance with the provisions of Chinese criminal law, the crime of counterfeiting registered trademarks means to use the same registered trademark on the same commodity without permission of its due holder,serious behavior. Although the continuous improvement legislation, but face to the changing complex social and economic situation, Criminal trademark infringement, particular crime of counterfeiting registered trademarks show many new situations and new problems. This article focuses on the judicial practice. The crimes of counterfeiting registered trademarks have been discussed in three major areas:The first part discussed the crime of counterfeiting registered trademarks related to conceptual understanding of the difficult and controversial, and how to properly understand the concepts such as "passing off', "trademarks" and "crimes". And author thinks that "passing off" not include the "shoddy"; we should correctly distinguish the boundaries between the "passing off" and "shoddy". This crime of "passing off" should include "reverse passing off". "Trademark" is a registered trademark which is in the protection period. "Trademark" contains goods trademarks and service marks. The second part is the focus of this article, discussed the problems of the objective behavior of this crime in detail. Analyses the objective aspect involved in "not allowed by the ownership man"," identical kind of goods"," the same trademark", "use", "serious circumstances". And think that, we should use the state's legal classification of goods, which is the standard classification of the Nice Agreement to determine whether the identify goods and the reference goods are the same kind of goods. Meanwhile, judge the "same mark" should be combined of subjective and objective, one of them can not be neglected. The third part discusses the difficult problems among the crime of counterfeiting registered trademarks and other related crimes. Compared and analysis the crime of counterfeiting registered trademarks and other trademark Crime and the crime of production and sales of counterfeit and shoddy goods. In relation to the joint crime of counterfeiting registered trademarks and other related crimes, the paper argues that when constitute the joint crime, different trademarks crimes may conviction and sentencing differently. On the problem of cross-competing of the crime of counterfeiting registered trademarks and the crime of the production and sales of fake and shoddy goods, this paper argues that different situation should be different treatment, sometimes may be the implicated offender, sometimes may be the imaginative jointer of offenses.