Trademark Reverse Counterfeiting Of Legal Regulation

Reverse passing-off of trademark is the reverse operator lawfully obtained a registered trademark owned by others, after the goods without the consent of trademark rights, unauthorized replacement or removal of a registered trade mark and trade mark of the replacement of the goods after they enter the market behavior. Such acts of recognition of trademark infringement, affecting the circulation in the consumer's judgments; infringement of trademarks messaging capabilities, hindering corporate reputation, image, product reputation and quality image transmission; infringement of trademarks on behalf of the interests of, so that the producer or operator of the brand in the market difficult to establish in the market, the loss of their fair share. Reverse passing-off of trademark a registered trademark of the exclusive right to the protection of the law; prevent the original commodity producers to expand their branding, contrary to fair competition, honesty and credibility of business ethics and legal principles.This article is divided into four parts.Reverse Passing the first part of an overview of trademarks, discusses the concept of reverse passing-off of trademark forms, the meaning of the definition of reverse passing-off of trademark is a reverse of the basis of reverse passing off trade marks.The second part of the reverse passing-off of trademark for the academic nature of the dispute, on the qualitative Trademark Reverse, Reverse Passing recognized trademark is a trademark infringement, trademark exists for the academic Reverse Passing denial of infringement to 11 to analyze and, based on our "General Principles of Civil Law," 106 Second, three general tort provisions of Essential Elements of reverse passing off the mark analysis, concrete from the unlawful act, the fact that the existence of damage, illegal behavior and the fact that the causal relationship between damage, the perpetrator of the four aspects of subjective fault.Reverse passing-off of trademark obtained is the nature of a trademark infringement. In addition, from the harmful acts of trademark counterfeiting reverse the consequences of acts of reverse passing-off of trademark invasive reverse further added that includes six main aspects, trademark exclusive right to use the benefits to consumers, the goodwill trademark, trademark the recognition, on behalf of the interests'trademarks, trademarks of information transmission.The third part is to introduce China's current method of reverse passing off trademark regulation, mainly the "Consumer Protection Law" and "Anti-Unfair Competition Law," "Trademark Law" and relevant content. And compare their behavior to adjust trademark reverse the effect of counterfeiting and concluded, on the reverse passing-off of trademark law should apply mainly to supplement anti-unfair competition law.The fourth part introduces reverse passing-off of trademark abroad Legislation mainly consists of two legislative models: single-track system and dual-track system.Based on the part of the fifth part of other countries and regions of the Inverse Passing Legislation and mode of analysis, focusing on the China's "Trademark Law" in the regulation of reverse passing-off of trademark legislation on the missing.Part VI in the experience of other countries and regions provided a reasonable basis, the requirements of our Reverse Passing-off of Trademark Legislation proposals. Constitute trademark infringement by identifying standards and increase the list of matters of "the market" did extend to that, increase the unregistered well-known trademark protection, increase the provision of punitive damages, the burden of proof should be reversed, the effective protection of consumers interests in the criminal law crime of reverse passing-off of trademark additional reverse, Improvement of Reverse Passing-off of trademark on laws providing for the practice of the judiciary Zhenjiang operability, increase Geisha efforts to build a complete system of civil liability.