Reseach On The Judicial Determination Of The Crime Of Counterfeiting Registered Trademarks

With the rapid development of the market economy,the importance of intellectual property rights to enterprises has become increasingly prominent.As a bearing of corporate goodwill,trademarks play an important role in the establishment,development and growth of enterprises.At the moment when the market economy is dominant,trademark crime cases continue to grow,and the problems in the legislation and judicial practice of trademark crimes have received more attention.The academic circles have discussed and studied the crime of counterfeiting registered trademarks,but most of them are on the crime.The discussion of the constituent elements,the elements of behavior,the establishment of standards,or the study of the relationship between trademark criminal offences and trademark infringement,there are few comprehensive boundaries,behavioral characterization and theoretical basis from the crime of counterfeiting registered trademarks and trademark infringement cases.Discussion,but also from the trial of the crime of counterfeiting registered trademarks and trademark infringement,especially the judicial operation mechanism of intellectual property rights in China to consider the resolution of related issues.This paper is based on a comparative study of the same factors in trademark infringement of trademark infringement.The first chapter sorts out the general situation of trademark crimes and confirms the main research object of this paper--the crime of counterfeiting registered trademarks.Start with this crime.Then it summarizes the dilemma of judicial recognition,and makes a general analysis and evaluation of the scope of research on the crime of counterfeiting trademarks.It draws three main aspects that will be discussed in this paper.The second chapter discusses the concept of “licensing” and “using” in trademark crimes.It is considered that the criteria for “licensing” and “use” in trademark criminal offences should be basically the same as those in the trademark infringement.At the same time,attention should be paid to exceptions.In the judgment,the identification value of the trademark itself should be grasped.If the trademark can achieve the effect of the association,it should be considered as the value of the trademark used.The third chapter discusses the key issues of trademark crimes,“the same trademark” and “the same commodity”.It mainly introduces the meaning of the same trademark and the same kind of goods in criminal law,and compares it with the similar trademarks and similar commodity judgment standards that constitute trademark infringement.It is believed that the criminal protection of trademarks on the "double" standard should be higher than civil protection.In the concept determination of trademark crimes,we should insist on only the confusion of the same trademarks and commodities.The fourth chapter discusses the identification of the seriousness of the trademark crime,expounds the necessity of determining the criteria for entering the crime,and sorts out the judicial status of the standard of crime and the amount of illegal business.Through summarizing the academic theory,judging the judicial interpretation and examples of relevant jurisprudence,this paper tries to find a balance between the criminalization of counterfeit registered trademarks and the civil infringement of registered trademarks,and refine the important concepts of trademark crimes and the criteria for conviction and sentencing.To prevent the excessive involvement of the state's public power in the market and to ensure the stable and healthy development of the commodity economy.