Reverse Trademark Passing-Off And Its Legal Regulation

The United States is the world's most prohibit reverse fake developed countries, its courts through an entire century of struggle reverse passing-off, until recently 20 years reverse passing-off doctrine gradually taking shape. Our country launched a counterfeit trademark reverse passing-off, stems from the 1990s, "Maple Leaf v. "crocodile" case. Since then our country has no legal provisions, such cases result in the court hearing into the plight of uncertainty, the theory scholars are even more debate. In 2001 China's "Trademark Law" promulgated, and make it clear from the legislation on the regulation of trademarks reverse passing-off. However, as reverse passing-off theory in the development of our country is not perfect enough, the new "Trademark Law" on the provisions of counterfeit trademark reverse still not perfect, the relevant legal acts of counterfeit trademark reverse passing-off the provisions do not sound, so the theory reverse pretends about the trademark the discussion still had wide divided opinions, the nature of the act and its application is still a focal point which the scholars disputed. The author is considered necessary based on this comprehensive, in-depth understanding of research trademark reverse fake, as comprehensively as possible to improve the proposal, and further optimize the reverse of the counterfeit trademark of Legal Regulation.This paper is based on "proposed the question - analysis question -solves the problem" the structure of stylistic. First , by defining acts and nature of trademark passing-off, carding the basic theory of trademark reverse passing-off (see paragraphs 2, 3 Chapter).Secondly, inspect the regulation of the international community to trademark reverse passing-off, seeks to enlighten China's regulation of trademark reverse passing-off (see Chapter 4);Then, analyze China's legal status quo of trademarks reverse passing-off the, pointing out the inadequacy that China's Legal Regulation of trademarks reverse passing-off of the act (see Chapter 5).Finally, proposed superficial suggestion to improve our regulatory system of trademark reverse passing-off (see Chapter 6).In this paper, the innovation lies in a more systematic manner carding the basic theory of trademark reverse passing-off, regarding the nature of trademark reverse passing-off ,the author bases on the analysis theory to its nature argument, and proposes own viewpoint in this foundation.Through study abroad legal regulation on trademark reverse passing-off, and China's current situation of trademark reverse passing-off, pointed puts forward the proposal.