Study On Objective Elements Of Counterfeiting Registered Trademark Crime

China's economic development is inextricably linked to intellectual property rights protection.With the rising number of crimes infringing intellectual property rights,more and more people are recognizing the importance and urgency of protecting intellectual property rights.Our criminal law provides trademark crime in order to protect the trademark of registered trademark rights.Now,counterfeiting goods floods the market.Counterfeiting registered trademark crime will undoubtedly become the focus and be discussed by theorists and the community.In order to address judicial cognizance of the crime of counterfeiting registered trademarks,China has launched three judicial interpretations,providing a uniform interpretation of the issue in judicial practice.The author focuses on the objective aspect of the crime and explains controversial points combined with the judicial cases,in order to provide some suggestions for judicial practice.This article is divided into three chapters.The first chapter mainly classifies and determines “identical kind of goods” of this crime.The goods with the same commodity name undoubtedly belong to the “identical kind of goods”.The goods with different names should be identified separately.To judge whether the goods are “Identical kind of goods”,we should take the hierarchical judgment method,and contract in turn.First,we shall judge based on international classification standards.Secondly,we shall judge again on the basis of the objective situation of goods and the subjective understanding of consumers.To define "the goods with different names but referring to the same thing",we should demonstrate the essential difference between “similar products” and “Identical kind of goods”,and then give the goods extension outside the “goods with the same name”.The author thinks that “goods with different names but meaning the same thing” includes both the goods with the same connotation and extension,and goods with the same connotation but different extension.The second chapter mainly analyzes “the same trademark” of this crime.“the identical trademark” undoubtedly belongs to the same trademark,but in practice the common trademark is “basically the same trade mark”.“Basically the same trade mark” shall meet “no difference in the visual basic” and “enough to misleading to the public” two requirements at the same time.Now,our country criminal law limits the protection scope of counterfeiting registered trademark crime as commodity trademarks without other registered trademarks.I believe that the service marks,certification marks and collective marks should also be included in the protection of criminal law to adapt to China's economic development.The third chapter mainly discusses the “use” of this crime.This article defines the use of counterfeiting registered trademark crime from "trademark use" and “without permission” two aspects."Trademark use" limits the use of the trademark by the application of the occasion and purpose.Actors must not only use the trademarks in commercial activities,but also have the purpose of distinguishing the use of goods.“Use of trademark” asks the producer to use trade marks in the commercial activities on the market to distinguish the source of goods,in order to apart their own goods from other producers' goods."Without permission" is a prerequisite of the use of the crime.“Without permission” refers that the offender is not received a license to use,and also includes the use beyond the scope of permission.In China's current criminal law,counterfeiting registered trademark crime regulates both "only product" and "product and sell" behavior forms.So “without permission” not only refers to use registered trademarks without permission in the production of goods,but also refers to use registered trademarks without permission in the sale of goods.