The Research On Trademark Infringement Of Selling Repackaged Goods

Whether repackaged goods sales constitute trademark infringement and under what circumstances constitute trademark infringement are challenging problems in judicial practices in China.And,these problems are closely related to the Chinese market economy.Since repackaged goods are authentic products,in principle,the principle of Exhaustion of Trademark Rights should be applied in all countries and major regions.However,there are still some merchandizers whose behaviors violate the bottom line of the Trademark Law,which leads to trademark infringement.The legal nature of selling repackaged goods should be considered as appropriate for trademark use.Based on the analysis of China’s judicial cases,the trademark infringement determination for repackaged goods sales should primarily examine whether there is an exception to the principle of Exhaustion of Trademark Rights in the alleged infringement,and then apply the Article 57(1)and(4)of the Trademark Law and Articles 213 and 215 of the Criminal Law in view of specific circumstances.