The Empirical Studies About The Crime Of Counterfeiting Registered Trademarks

With the development of market economy, the trademark has become the focus of criminals. In reality, the behaviors of counterfeiting registered trademarks are particularly prominent; they are not only huge in quantity, but also serious in harmfulness. However, there is much controversy in theoretical circles about the identification of objective elements, which affects the uniformity of the judicial practice to a great extent. Therefore, as for the crime of counterfeiting registered trademarks, correctly clarifying and identifying the objective elements have great effect on solving theoretical disputes and protecting the legal rights and interests of the owners of registered trademark.The registered trademark in the criminal law of our country refers to the registered trademarks of goods, which does not include the registered trademarks of service, the essence of without permission from the registered trademarks is that the actor not only has not obtain the license to use, but has not made the transfer of the trademark. In the form of licensing, the author thinks that the“contract theory”and“compromise theory”have their own defects,“consensual theory”(or“generalized contract theory”) is desirable, and it should be adopted.The usage of trademark refers to the symbol used in commercial activities and to distinguish the source of the goods, there are two objective elements: the first is used in business, the second is used in the significance of trademark, the use in business should be defined from the broad sense, namely, the trademarks should be used not only in goods, packages, containers as well as the documents of commodity trades,but also in advertising, exhibition and other commercial activities.The meaning of the same trademark should be understood from the broad sense to include not only identical trademarks, but also include basically the same trademarks. As for the judging standard, it should be based on the understanding of the general consumer rather than professionals. About the identification elements,basically the same trademarks need to not only mislead the public, but also basically have no differences in visual, they are should be combined together closely.The objective elements of the plot are mainly refers to the amount, followed by administrative punishment cases, fake objects, social influence and the other serious circumstances as the final terms.