Study On Trademark Infringement In Construction Engineering

In the process of construction, engineering contractor often out of reduce the engineering cost and improve its profit, buy infringement of registered trademarkcommodities for engineering construction, this kind of behavior not only seriously reduces the quality of engineering, damage the public interests of the society, but also the infringement of trademark the exclusive right to use a registered trademark, with serious social harm. At the same time, because of such behavior has the characteristics of strong concealment, complicated legal relations, the difficulty of the identification of infringement, so that in the judicial practice of its investigation, that there are great difficulties and errors. Construction project involves complex legal relationship, practice in the use of "product quality law", "contract law" and other laws and regulations to regulate the majority, seldom involved in the trademark law field, in order to increase efforts to crack down on such behavior at the same time, strengthen the protection of trademark rights, it is necessary to study on the construction of trademark infringement. In this paper, a case study of the way, tryto "Huayi" trademark case as an example, to explore the construction process in the construction of trademark infringement.This paper is divided into four parts.The first part is the introduction of the case of "Huayi" trademark case. This part mainly discusses the background material as the case, through the basic facts of the case, summed up the "Huayi" trademark case the focus of controversy and the resulting reflection. The next step of the paper is to define the direction of the paper through the problem. The second part is the core content of this paper. This part probes into the qualitative issues of the behavior of the goods which are used to infringe the exclusive right of the registered trademark in the construction process. Such acts constitute trademark infringement? Which type of trademark infringement should be the "use" type of trademark infringement or "sales" type of trademark infringement? "Trademark law" on the "sales" concept should be interpreted as an expansion of the interpretation or to do? At the same time, it puts forward the idea of the qualitative and applicable law of trademark infringement in construction engineering.The third part is the analysis of the legal liability of the infringement of trademark right in the construction project construction. Because the trademark infringement in the construction project is different from the general trademark infringement, the liability of the trademark infringement is special, and it should be analyzed according to the actual situation. This part from the general trademark infringement liability in the cessation of infringement, eliminate the influence, the loss of compensation for the three aspects of the specific analysis of such acts of responsibility.The fourth part is the summary of this paper. The part of the "Huayi" trademark case in-depth analysis of the construction in the trademark "sales" infringement of intrinsic characteristics and properties, for such behavior qualitative and applicable law and put forward the corresponding solution, and on this basis, discusses on the case and suggestions.