The Study On Determination Of Criminal Responsibility Of The Counterfeiting Registered Trade Marks

From its germination to being the dominant right pattern in economic society, intellectual property system had gone through a period of300years. As the significant part in intellectual property system, trademark right had gradually become a symbol that can not only represent product quality but also decide commodity reputation and brand reputation. In the process, what accompanied is the rampant infringement act of counterfeiting registered trademarks in the whole world. Thus, the protection of intellectual property became a concern for the international community, the national government, the enterprise and the individual citizens. What’s more, it is an inevitable choice for many countries to give the intellectual property the most powerful protection by the measure of punishment. In the international community, hitting dynamics to counterfeiting was strengthened by making multilateral or bilateral agreements. Because of the difference in criminal ideology and value orientation that resulting from special conditions for different countries, different legislative models was chosen for ascertaining criterion of the criminal responsibility for counterfeiting registered trademarks. By analyzing the legal provisions of criminal responsibility for counterfeiting registered trademarks in our country, it is made clear that "serious nature" is the standard that criminal Law regulation can be used for infringement act of counterfeiting registered trademarks. However, the conditions needed to be taken into consideration for the determination of "serious nature" are:the amount of money that relating to infringement act, the counterfeit objects and other serious status. According to the analysis of international treaty TRIPS agreement and the comparison of criminal responsibility provisions in treating the counterfeiting registered trademarks, improvement suggestions were proposed for criminal responsibility provisions of counterfeiting registered trademarks. That is, we’d make clear the criminal intent, make account of brand value, consider the harm to society integrally, define the position of confusing doctrine in "misleading" and structure the misdemeanor penalty system of counterfeiting registered trademarks in our country.