Infringement Of Trademark Rights Crime

Trademark infringement crime rampant, In this paper, the specific problems with the practice of the research object, Centered on criminal law interpretation, This kind of crime to study related issues. This article proposed to the infringement of trademark rights crime strong protection and the right standard priority position, as well as its objective to explain the basic concept. On the basis of the specific problems are studied, it has very important meaning for the trademark rights criminal law protection.The article is divided into three chapters to study the infringement of trademark rights crime:Chapter one, Interpretation of the infringement of trademark rights crime on the basis of explanation of criminal law. First this paper introduces the definition of trademark and trademark rights, characteristics and classification, and analyzes the present situation, And put forward the strong protection and the right standard priority position, priority position, should be in the interpretation of the objective interpretation of the basic method.Chapter two, The crime of infringement of trademark rights ontology, part of the explanation of criminal law. After the introduction of the concept of trademark infringement crimes, and from the Angle of the four elements crime constitution, the four elements of infringement of trademark rights crime analysis, put forward that the main object of this crime is the use of a registered trademark of others, the secondary object is the national management system for the management of the registered trademark of original point of view.Chapter three, Starting from the criminal law interpretation, crime of infringement of trademark rights crime of three of the problems were studied. In the study of counterfeiting registered trademark crime, the author put forward the essence of fake said, claims service marks, sound trademark and defensive trademark should become the target of criminal offense of this. The fake "two or more registered trademark" that made the interpretation, also demonstrates the crime and the involvement of production, sales and shoddy goods of crime. In terms of selling fake a commodity whose registered trademark crime, on ”know exactly” understanding should "based on the understanding of ’probability said", to explore the crime criminal law theory, in the form of existence attempted. The author also studied the concurrence of the crime and his sin. Illegally manufacturing, selling illegal manufacture of registered trademark crime, the outer packing for packaging the real manufacturing false target constitute this crime, a large number of recycling packaging materials, anti-counterfeiting mark behavior should be convicted and punished in sin. The author also has the trademarks "quantity" for determination of sin, put forward the original point of view.