On The Reverse Passing Off Of Trademark And Legal Regulation

Reverse Passing Off is evolved from the word of Passing Off. The theory of reverse passing off is relatively advanced in America. Though the theory of reverse passing off was gradually formed only in recent twenty years, the struggle against the reverse passing off cases persisted in the whole century for court. Reverse passing off of trademark , namely, is an act by which someone, not allowed, takes advantage of the fame of product that belongs to other person, after legally purchasing products, he removes original trademark used on a certain commodity .then sales them again to the market without any mark or with his own trademark. In America the field of law divides the act into Express Reverse Passing Off and Implied Reverse Passing Off. The former is that not permitted by the person with rights, someone removes original trademark and sends it to the market with his own trademark. The latter is that someone removes original legal trademark and sales products again without trademark.In 1994 it appeared that unfair competition case which the maple leaves sued the crocodile in our country. Later on it resulted in extensive attention and fierce discussion about reverse passing off of trademark in the fields of economics and justice. The focus disputed rest in infringement of trademark right or unfair competition. So it's not difficult to find that reverse passing off of trademark has become an outstanding problem in the field of economy. In conclusion, it's necessary to strengthen the research on reverse passing off of trademark and perfect legislation to effectively maintain their legal rights and interests for our country's economic main part in the global economic activities.There are four parts in the paper. The first chapter is the summarization about reverse passing off of trademark, discussing the concept of reverse passing off, its forms and elements. It fundamentally introduces and analyses reverse passing off. This part is the basis to explore reverse passing off of trademark.The second chapter is the development about the theory of reverse passing off.