On The Trademark Reverse Passing Off And The Relevant Legal Regulations

The paper includes four parts.Part A is the general introduction of reverse passing-off of trademark. The reverse passing-off is an act by which someone remove the trademark legally used on a certain commodity and sends it to the market. And part A also includes the development of the theories, harmfulness and the relevant regulations of the different countries. This part is the basis of other parts.Part B mainly introduces constituting elements of trademark reverse passing-off, the relationships of the relevant acts.Part C and part D is the important parts of the paper.On the basis of analysis of part B, part C discusses the nature of the trademark reverse passing-off mainly. Seen from the phase of consumption, the act is one of swindling consumers, and from that of competition, it is one of waging an unfair competition by infringing someone else's trademark. So it should be prohibited by law. It makes a great progress to regulate reverse passing-off of trademark in the Trademark Law of the People's Republic of China in 2001. But there are different understandings about reverse passing-off in practice .In light of the problems exiting in china's legislation of trademark law and referring to the advanced experiences of foreign countries' legislation, this paper puts forward some suggestions in trademark law. And we should interpret the provision about reverse passing-off extensively. These have important realistic meaning to deeply understand the real intention of legislations, strengthen the hit to this illegal action, defend the order of marketing-economy and protect the rights and interests of trademark obligee. That is the content of part D.