| Trademark right is the exclusive civil right and intangible assets protected by statelaws. With the coming of the vigorous development of Chinese market economy, thetrademark rights crime become more and more rampant. The crime on trademarkrights not only leads to the loss of owner’s intangible assets, but also disrupts theChinese socialist market order. How to prevention the trademark right from beingattack and control of crime of trademark right has become one of the important issuesat the present stage of brand development strategy for China.In this paper, based on the present condition of Chinese criminal legal protection fortrademark right, and giving the consideration to research target which is improvingChinese trademark criminal legal protection mechanism, the defects of currentlegislation and judicial practice for the trademark right protection mechanism, writertend to give some suggestions on trademark rights crime type setting, the scope ofprotection and the effectiveness on judicial protection, with the aim of perfectingChinese criminal legal protection mechanism which can meet the practical needs ofmarket economy. In the contrast of the setting and operation on criminal legalprotection mechanism between China and other countries during the research, we cansee the shortage of the protection system in China and the existing gap between chinaand other country. There is a hope that the reference on international legislativeexperience and good legal practice operation can overcome the condition of Chineseprotect mechanism and help improve Chinese modern trademark criminal legalprotection mechanism. |
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