Trademark Regulation Of Counterfeits Behavior

" PRC Trademark Law " in2001by the Second Amendment to Reverse Passingidentified as trademark infringement, as the judicial, administrative and lawenforcement practice provides a ruler, and now the law is undergoing a third revision,20138filed May26twelfth fourth meeting of the NPC Standing Committee ’s draftamendment to the Trademark Law has announced three reviewers. Although thisdraft amendment to the Trademark Law Trademark Counterfeit did not explain ormake a new requirement, but reverse passing in the theoretical circles have been nolack of controversy, and in practice are emerging new problems. Meanwhile, China’strademark reverse passing on regulatory aspects of the legal provisions where thereare also worth exploring, debatable issue also difficult to manipulate the judicialpractice, with the development of practice, a variety of new forms of ReversePassing require constant adjust and standardize. Therefore, our trademark reversepassing to perfect the legal regulation has an important significance.This paper is divided into four parts, on how to improve the trademark reversepassing laws regulating research.Part I: Trademark Reverse Passing Basic Theoretical Issues. This section firstfrom a trademark infringement case leads to the concept of reverse passing mark,discusses the characteristics of Trademark Reverse Passing to explain Trademark Reverse Passing constituent elements, on the basis of trademark reverse passing todefine the nature of analysis.Part II: Development of Trademark Reverse Passing morphological analysis.First, according to the practice of the presence of some large number of cases oftrademark counterfeiting for multiple angle reverse classify each class of reversepassing acts cite a case will be described. Then focuses on the development oftrademark counterfeiting reverse form, from the behavioral manifestations oftrademark ownership attribution, trademark component parts be replaced threeaspects argument by way of example, analyzes the development of TrademarkReverse Passing form.Part III: China Trademark Reverse Passing regulation status and problems. Thispart of the first pair of existing laws on trademark reverse passing regulation toanalyze the situation, and then for trademark protection of trademark reverse passingregulation problems.Part IV: improving China Trademark Reverse Passing regulation legislativeproposals. For the first three parts of the trade mark counterfeiting reverse patterns ofdevelopment and the legal regulation of the existence of the problem, learn fromforeign legislative provisions and legislative cases, put forward a sound trademarkreverse passing legislation regulating mode, and improved regulatory systemTrademarks reverse Passing propose specific legislative proposals.The innovation of this paper lies in the use of typical case in great quantities, forexample through the method of classification of argumentation, various forms ofdisplay of the reverse trademark counterfeiting, counterfeit trademark reverse thedevelopment of morphological analysis, and then analyzes the existing legal statusand administrative problems in the judicial practice, puts forward trademark reversepassing regulatory legislative proposals.