Research On The Legal Problem Of Reverse Passing Off Of Trademark

The legal application and the definition of Trademark reverse passing off is always a hot topic to Scholars in our country.However,in contrast to the foreign country,the relative research in our country is lagging behind.Until the first case of the Trademark reverse passing off in our country arise,the domestic scholars begin to focus on this topic.As we all known,the Trademark Law has provide that the Trademark reverse passing off is one kind of trademark infringements.But nowadays,the domestic relative regulations is scanty and not explicit enough to solve the reality problem of the Trademark reverse passing off.Although there are so many legal precedent and academic theory of this topic,the special research is in short supply.Along with the sustained developing of the economy,the phenomenon of Trademark reverse passing off will be increase absolutely.In order to maintain the stability and development of China’s social and economic,the urgent need for further research and improvement of the theory must be pay high attention.The article has been divided in four parts.The1 st part is the prolegomenon part,introduces the background,the significance of this topic,the domestic and international research status of this topic;The 2nd part,introduce the focus questions by describing two domestic case,and then conducting a comprehensive overview of the topic.The 3rd part,Study abroad on the practice of Trademark reverse passing off and analyze the current three regulation models.The 4th part,In depth analysis of the problems in the regulation of the hidden reverse passing off of trademark in our country.Further,based on the above analysis,put forward suggestions in three aspects,including the Trademark Law and Anti Unfair Competition Law.