论商标反向假冒侵权+文献综述
关键词 商标侵权 反向假冒 法律规制 完善建议
Title Discussion of the Tort of Reverse Passing-off of Trademark
Abstract
the reverse passing-off of trademark means the behavior of replacement of the goods of its registered trademarks and selling the goods without the trademark holders’ agreement. It’s a special kind of passing-off behavior , not only infringes on the trademark rights of trademark owners, but also against the interests of consumers, is an act of unfair competition. so how to identify its meaning, types, constitute conditions become a particularly important issue. The new trademark law identified the replacment of others registered trademark as acts of trademark reverse passing off. Clearly legal the nature of the act. However ,in China, the
trademark reverse passing off merely acts of trademark infringement, it cannot be an act of crime. Compared with foreign legislative cases,and considered the serious harm to society, this is not property ,something needed to be done. the aspects are: In trademark law, the revised Trademark Law, and specify the trademark infringement; Anti-Unfair Competition Law, considered China's "Trademark Law", the advanced practice of judicial interpretation, as well as overseas, will trademark reverse passing offregulation is more realistic; in the area of criminal law, can not only reverse passing off to give the civil sanctions and administrative sanctions in serious cases, should also be held criminally responsible. Considering the trademark reverse passing off is an important step to improve the legal system, the only way the legal construction which must be passed.
Keywords trademark infringement reverse passing-off legal rules
advice of improvement
毕 业 论 文 外 文 摘 要
目录
1 引言 1
2 商标反向假冒概述 1
2.1 商标反向假冒行为的含义 1
2.2 商标反向假冒的种类 2
2.3 商标反向假冒的危害 3
3 国外对商标反向假冒的立法及司法情况 5
3.1 法国为代表的国家通过《商标法》规制商标“反向假冒” 5