Evaluating Several Difficult Questions Of Counterfeiting Registered Trademark Crime

The Article213of the Criminal law of China has clearly defined “the crime ofcounterfeiting registered trademarks”, which refers to using an identical trademark onthe same merchandise without permission of its registered owner shall，if the case isof a serious nature, be punished by Criminal law. The conciseness of the criminal lawprovisions make the provision can’t be adapt to the professional requirement of thetrademark law, which means the provision is not of operability and can’t be applied tothe judicial practice in that both “the same merchandise” and “the same trademark”need to be estimated by an corresponding standard. In order to solve the dilemma,relevant state authorities have instituted a series of judicial interpretations to explicatethe criminal law provisions. Some judicial interpretations provided practical andeffective guidance, but the others produced more confusion instead. With theestablishment of socialist market economy system in China and the rapiddevelopment of social economy, trademark infringement behavior’s diversity andcomplexity are increasing. Moreover, to compare with expanding protect scope oftrademark right in the international community, China’s criminal protection oftrademark rights scope is too narrow. So we need to discuss the necessity of whether criminalize counterfeiting registered service marks, reverse counterfeiting andtrademark dilution. This paper is divided into five parts to discuss the above issues.The part one is the overview of the crime of counterfeiting registered trademarks.We find that it is necessary to focus on the crime of counterfeiting registeredtrademarks from the high frequency and seriousness in judicial practice of the crimeof counterfeiting registered trademarks, and we will get the topics which will bediscussed further below from the legislative status quo of the crime of counterfeitingregistered trademarks.The part two discusses the cognizance of the crime of counterfeiting registeredtrademarks objective behavior from "without permission of its registered owner shall""the same merchandise""the same trademark" and "using" on the basis of combingrelevant laws and regulations and judicial interpretation provisions.The part three expounded the amount and the number of the plots of the crime ofcounterfeiting registered trademarks. Author considers that the judgment of the crimeplots from protecting oblige is not only benefit to the protection of the right to theexclusive use of a trademark, but also is benefit to the operation of the judicialpractice.The part four discusses counterfeiting registered trademark crime with othercrime of infringement of intellectual property rights relations, the crime and crimes ofmanufacturing and selling fake and shoddy product relations, the crime and crimes ofdamaging to commercial reputation, commodities reputation relations based on objectof the crime of counterfeiting registered trademarks.The part five discusses the necessity of into the sins or not about counterfeitregistered service marks of behavior, the reverse counterfeit behavior and trademarkdilution behavior under the guidance of the principle of necessity.