Researches Of Production And Sales Of The Product About Trademark Infringement Of Identification And Investigation

With China’s rapid economic and social development, the accelerating speed of marketeconomy development is too fast compare with the prefect speed of social legal system,which leads to the relative lack of legal regulation of issues gradually appear in manyeconomic sectors, affecting the socio-economic harmony development. Production and Saleof infringement of trademark products is a typical illegal economic act, the act itself is aviolation of trademark law, there is fraudulent, forged or improper use of a registeredtrademark issues. The illegal economic act causes the unqualified products exist in the salemarket, or even causes the problems of consumer confusion due to trademark. Comply withthe relevant statutory production, sales of fake and shoddy products. At present, China’sadministrative law and the judicial systems put a certain regulation on the above problem. Thequality supervision, industry and commerce, trademark, etc., administrative departments asthe bases, combine with public security system, justice for the final part of the investigationmechanism, and the punishment system includes economic, administrative and criminalpenalties system. There is a certain effect on governance of the act of production, sales of theinfringing trademark products. However, in recent years, in our country, the rising number ofproduction and sales of the product trademark infringement cases and the increasingly diversetypes, involving the amounts and region expanded continuously, therefore, we must takeserious action of investigate and dealt with the production and sale of the product trademarkinfringement act, which needs from two aspects: administrative and criminal system analysison this issue.This paper bases on China’s current administrative protection mechanism, researches ofproduction and sales of infringement of trademark products investigated and identifiedproblems. Firstly, clear the connotation of trademark infringement rights and introduce thecurrent development situation of trademark infringement, clear under China’s currenttrademark protection mechanism, strengthen the trademark infringement and counterfeit products is important significance of investigation and identification. Secondly, combinedwith related cases, introduce the current status of the trademark infringement counterfeitproducts investigation and identification. Thirdly, the analysis the investigation and identifiedkey issues of the trademark infringement counterfeit products, and then combined with casesin China’s current administrative protection, clear the related insufficient issues of thetrademark infringement counterfeit products investigation and identification. Finally, putforward related reasonable recommendations to enhance the ability of the administrativeprotection and punishment, to strengthen management of the trademark infringementcounterfeit products.