Criminal Law Interpretation Of Counterfeiting Two Or More Registered Trademarks

On the one hand,the urgent demand for strengthening the protection of trademark rights caused by the huge economic value of trademarks is in sharp conflict with the objective reality that the crime of counterfeiting the registered trademark is in a high incidence and the goods bearing counterfeit registered trademarks are rampant.On the other hand,the Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement in 2004 did not clearly define the identification standard of the added "kind".Which led to the misunderstanding and confusion of "counterfeiting two or more registered trademarks" in judicial practice,and with the modernization and diversification of enterprise production behavior,this problem has become increasingly prominent.Based on this,this paper intends to use empirical research,literature research and normative analysis,the main part of the paper beyond the introduction and conclusion mainly discusses the following contents,in order to correctly understand and apply the provision of "counterfeiting two or more registered trademarks" in the crime of counterfeiting the registered trademark,with a view to settling disputes on related issues in judicial practice,and to contribute to a better connection between relatively stable criminal norms and changing social life.The first chapter clarifies the delimitation of trademark infringement and trademark crime,and the connotation of "identical kind of goods" and "the same trademark".First of all,as a trademark crime,the crime of counterfeiting the registered trademark only covers the first type of trademark infringements,and requires serious circumstances,that is,only the behavior of using the same trademark on identical kind of goods without authorization,and with serious circumstances is considered a crime.Secondly,"identical kind of goods" refers to the goods with the same name,or the goods with different names but referring to the same things." identical kind of goods" are different from "similar goods".The former requires that it is easy for the consumers to misunderstand the relevant goods themselves,while the latter only requires that it is easy for consumers to misunderstand the producers of the relevant goods.Finally,"the same trademark" refers to the identical trademark,or the trademark which is basically the same in vision and misleading to the public.Among them,"basically the same trademark" is different from "similar trademark".Although both of them are enough to mislead the public,the former is basically the same in vision,while the latter is quite different in vision.The second chapter analyzes the theoretical nature and specific types of "counterfeiting two or more registered trademarks".First of all,"two or more registered trademarks" means that the number of counterfeit registered trademarks is two or more.It is combined with a certain amount of illegal business or illegal income,which constitutes one of the serious circumstances or especially serious circumstances of counterfeiting registered trademarks.It belongs to the criminal quantitative element in nature,and it is the basis for conviction and sentencing for the crime of counterfeiting the registered trademark.Secondly,the common structure of "counterfeiting two or more registered trademarks" is to use two or more trademarks which are the same as other' registered trademarks on identical kind of goods without authorization,which is serious.Among them,the key to judge whether to obtain "permit" is to obtain the substantive consent of the owners."Use" refers to use for commercial purposes,and reverse counterfeiting does not constitute the crime of counterfeiting the registered trademark.Finally,there are four possibilities for the specific types of "counterfeiting two or more registered trademarks".In a word,they are using two registered trademarks of the same or different owners separately or together.The third chapter discusses the identification standard of "kind" of registered trademark and the identification factors of "two or more registered trademarks".First of all,the identification of "kind" of registered trademark should be based on the principle of formal standard,with the exception of substantive standard.Specifically,the substantive standard applies only when two registered trademarks are commonly used together,which does not constitute "two or more registered trademarks";other cases of using two registered trademarks should adhere to the formal standard,which may constitute "two or more registered trademarks".Secondly,the identification of "two or more registered trademarks" is influenced by the number of trademark registration numbers,the usage habit of registered trademarks,the goods' approved use category and relative position of registered trademarks,but not by the pattern and the owner of registered trademarks.