Criminal Law Protection Of Trademark Right Research

Trademark is not only for the source of goods, but also the means of transmitting information and carrying the credit of the enterprise. The information function of the Trademark make itself contains a huge economic value. But the counterfeiting registered trademarks are rampant, it not only undermine the trademark owner’s reputation and economic interests, violate personal and property rights of consumers, but also undermine the market economic order and economic security seriously, causing a significant loss of revenue and damage the reputation of our country.This paper contains five parts. The first part extract the status of trademark through a typical case, showing the importance of trademark protection by the characteristics of specificity, temporality, regional and relativity of trademark. It beneficial to protect the lawful rights and interests of intellectual property rights, promote the development of the socialist market economy, and integrate with the International regulations.The second part introduce the components of crimes of counterfeiting registered trademarks. The main qualification is composed of a natural person and unit, the main elements reflect the will of people, and also elaborate the knowledge of the arguments.The third part analysis the quantity, distribution and form of crimes of trademark rights, proposed the legislation defects form legislative mode, charge system, punishment system and the problems of justice.The fourth part analysis the relevant laws and regulations of trademark protection of Anglo-American law system and continental law system countries, compare the legislation characteristics of trademark rights protection of Anglo-American law system and continental law system.The fifth part make recommendations on the criminal legislation of trademark rights of our country. Reference experience, improve legislation mode, expand the scope of protection of crimes of trademark rights, detailed charges design standard and perfect the penalty system of punishment. Last make suggestions for judicial protection of trademark penalty. The litigation mode forcrimes of trademark rights should be taken mainly by private prosecution and public prosecution for the complement. Only been told will be in process conducive to save the judicial resources. Next, improve litigation process, suggest criminal punishment and civil penalties have equally important, and take "three in one" trial mode for intellectual property cases. At last, improve the criminal justice system of trademark.