Analysis On The Victim’s Right Relief In The Criminal Cases Of Trademark Infringements

Trademark is the image of commodity as well as its owners in the economic market. It embodies the will of the enterprise and the desire of its owners. In recent years, the judicial authority has increased its efforts to crack down the trade mark infringements and the criminal cases of the trademark infringements are still on the rise. Focusing the right relief of the victims in the criminal cases of trademark infringements, the paper analyzes the study sample about the criminal cases of trademark infringements from 2012 to 2014 in T area from the aspect of caseload, charges, amounts and penalty. Several reasons why the victims delay in exercising the relief rights have been concluded: First, it is difficult for the trademark infringements to enter into the criminal procedure; Second, the criminal procedure participation rights of the victims in the criminal cases of trademark infringements are insufficient; Third, the punishment for the offenders of trademark infringements is generally lighter; Fourth, trademark owners lack the consciousness of property protection. And the paper will take three steps to solve the above problems and improve the victims’ right relief mechanism. At First, perfect the criminal legislation of the trade mark infringements. Then, stringent the administration of justice of the trade mark infringements. At last, cultivate the public consciousness of respecting the trademark.