On The Perfection Of China's Legal Regulation Of The Reverse Trademark Counterfeiting

The new"Trademark Law"passed in 2001 defined the reversed fake as an infringing act, which provided an unified standard for judicial practice, but there are still a number of disputes in the theoretical community about the definition. Meanwhile, there also exist many problems on China's reverse counterfeit trademarks on the legal regulations, which brought operational difficulties to the judicial practice, especially with the development of practice, other forms of fake reverse acts need further adjustments. To this end, the perfection of the legal regulation system of trademark counterfeiting shows great significance.The article first explains the concept of the reverse trademark counterfeiting through several trademark infringement cases and issues of counterfeiting cases, then explores the theories of the reverse trademark counterfeiting as the theoretical basis. This article defines the concept of the reverse trademark counterfeiting and its legal characteristics and performance elements. Subsequently the article analyzes the development and evolution of the legal regulation of the reverse trademark counterfeiting.On this basis, the article analyzes the judicial practice of reverse trademark counterfeiting and discusses the problems existing in China's laws on regulations of the reverse trademark counterfeiting. Finally, according to the theory of reverse trademark counterfeiting and the existing problems in the legal regulation, the thesis proposes some measurements to improve China's legal acts of reverse trademark counterfeiting regulation, which is also the key of the paper.The author holds that the perfection of the legal regulations on reverse trademark counterfeiting will help to protect the interests of trademark owners and the commercial credibility, to stop unfair activities in the competition, to promote China's brand strategy, and to produce more and more of China's brand-name goods into the international markets.The main characteristic of this article is the provision of the typical cases, the concepts of reverse trademark counterfeiting, the analysis of our country's condition of legal regulation, the existence of the problems, and the proposition of the measure to perfect law rules.The main innovation of the thesis are the discussion combining the cases and the proposition of the measures to perfect law rules in accordance with the problems on law and regulations.