Research On The Identification And Criminal Legal Liability Of Re-creation Behavior In The Reconditioning Of Used Goods

Our protection over trademark rights has been attached great importance,as early as when New China was initially founded,we promulgated the regulations like the Regulation for Trademark Administration and preliminarily established the trademark protection system of our country.Since then,with the situation changing,the trademark laws and regulations have been constantly developed and improved.After the Criminal Law was published in 1997 and the newly revised Trademark Law was promulgated in 2013 in succession,our country's legal protection system of trademark rights tended to perfection,in particular,the criminal legal regulation for violating the trademark rights tended to be formed.However,in recent years,this old material recycling mode of the second-hand goods refurbishing gradually rises in the second-hand goods market,and shows a trend of increasingly complex diversification in the form,and is also accompanied by the emergence of this new recycling in the form of trademark rights infringement.With the in-depth judicial practice,due to the goods origin legitimacy,covert action and the fuzziness of the infringement border and other special features of this old material refurbishing behaviors in distinguishing and combating such kind of new form of trademark rights infringement,some doctrine differences and imperfections of the relevant criminal laws and regulations make the judiciary organ encounter many law applicability problems that are waiting for a solution in the aspect of defining the legal nature of the refurbishing behavior involved with the infringement in the current second-hand goods refurbishing behavior,identification standards and accountability on those violators whose recycling behavior achieves the severity degree of criminal legal liabilities and have been plaguing the judicial investigators.Therefore,this article is going to use the appropriate standard to define what types of second-hand goods refurbishing belong to the refurbishing behavior,and analyzes and researches on their criminal liability,and then conducts a comprehensive grooming and analysis on the applicability pain point of the related laws and regulations of this behavior in the criminal justice practices,and points out the views and the perfect proposal of this article,in order to provide some help in combatting this kind of new form of trademark rights infringement behavior and make a tiny contribution to the trademark rights protection.