| The crime of counterfeiting registered trademarks, refers to violations of the national trademark regulations, without the registered trademark owner’s permission to use the same trademark and registered trademarks on the same kind of goods, the circumstances are serious behavior. With the growing development of China’s market economy, the role of trademarks in the market competition becomes increasingly important, and enterprises to develop new markets, establish product credibility, an important weapon to attract consumers, trademark owners have valuable intangible assets. With the growing awareness of the importance of trademarks, the number of registered trademarks in China each year at an alarming rate in the increase. At the same time, the trademark infringement is to highlight the growing, serious damage to China’ s trademark management system, affecting the market economic order, and may even affect our country’s international reputation.This article systematically analyzed the constitutive element, criminal target. Maintain, punishment and legislative improvement of the crime of counterfeiting registered trademarks. The constitutive element is composed of subject of crime, subjective aspect, object of crime and objective aspect, criminal target just include registered trademark, not include unregistered trademark nor service mark. Maintain for the crime of counterfeiting registered trademarks includes the cognizance of the same goods and the cognizance of the same trademark. Punishment includes administrative penalty and conduct penalties, and their technological process and classification are different. The research of legislative improvement consider that Registered trademarks of services legislation to protect in criminal law, and should perfect counterfeit registered trademark pattern of behavior. |
