The Protection Of Registered Trademarks By Criminal Law

The regulation of crime of trademarks, as the link of the Trademark Law and the Criminal Law, are always effected by both. The new Trademark Law come into power in 2014 has changed our knowledge towards trademarks, which has also effected the regulation of crime of trademarks in practice. This article would study the protection of registered trademarks by criminal law with the view out of criminal target and try to answer so unsolved questions.The first chapter is all about the criminal target. After studying the theory of criminal target of nowadays, this article concludes that the criminal targets are the people, things, behaviors and information that effected by crime. The conception of criminal object is based on the conception of criminal target. And the conception of behavior target is not so different from the criminal target that shall be treated differently, because they are all used for a same purpose, as the behavior can go though time and space. In this article, the criminal result is kind of facts confirmed by law, which can be felt. The target and the result are the same in the manufacture crime and different in others as the result is the goal of the crime and the target is the object while chasing the goal.The chapter 2 is about the target of trademarks crime. The crimestowards trademarks are set by the law. The value protected by thecriminal law is the fruit of the formal works of others, which is shown in the function of guarantee of the trademarks. In the system of criminal law, different crime has different targets. The targets of the crime of faking registered trademarks are classed in four kinds, depends on the similarity of the goods and the marks. The crime of selling of fake registered-trademark goods set the target of fake registered trademark goods, which cannot be extended. The crime of illegally manufacturing trademarks targets the real trademarks, and the “shanzhai” trademarks are not the target of this crime.Based on the formal chapters, the third chapter studies the special kinds of trademarks in the Criminal law. In the system of our criminal law, the trademarks relating to services are protected in three degrees, the simple trademarks relating to services are not the targets of trademark crimes, the selling trademarks are protected only in the kinds of the registered goods, and the rent trademarks are protected by the criminal law because they are the target set in the crimes. The sound trademarks are hard to protect, and the kind of marks are not even recognized by law, in this article, the marks are the sounders isolated to the goods, and the standard of differ the sound trademark is not set yet. The internet trademark protection is difficult because of the isolation of goods and marks. The well-known trademark cannot be protected by the criminal law since 2014. And the reverse passing-off cannot be punished by the criminal law either.