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On the Implied Trademark Reverse Passing-off and the Legal Regulation

Author: XuZhiPeng
Tutor: WuJianPing
School: Southwest University of Political Science
Course: Legal
Keywords: Recessive Reverse Passing Trademark infringement Unfair Competition Legal Regulation
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 118
Quote: 0
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Abstract

Rugao Rugao 2003 serigrafia v. Yi Tak supplies limited liability company recessive reverse counterfeit registered trademark dispute, the first case in China experienced trademark recessive reverse counterfeiting cases. Revised 2001 \behavior is a trademark infringement, for recessive reverse counterfeiting legal regulation, but it does not involve the removal trademark identifies marketed in the form of \be made on the basis of the final judgment. Due to China's relevant laws and regulations are still inadequate for the qualitative the recessive reverse counterfeiting, and the law applicable to the problem of the problem has yet to form a unified conclusion. Abroad, especially in the United States, the trademark reverse counterfeit doctrine and jurisprudence more developed earlier for the trademark reverse recessive counterfeiting problem, the theoretical research is more mature. Therefore, the study of hidden reverse trademark counterfeiting problem can be appropriate to learn from doctrine and research in the United States and other countries, to understand the background of the relevant foreign judicial practice and theory of the formation of the study of theory and legislation the improvement of the administration of justice are of great benefit. The paper is divided into five parts. The first part by China's first a recessive reverse counterfeiting case leads recessive reverse problem of counterfeiting, the focus of dispute reaction. The second part describes the trademark reverse fake definitions, analysis of the theoretical development at home and abroad, pave the way for the next discusses the hidden reverse counterfeit. The third part introduces the concept of the recessive reverse fake, the main constituent elements, the focus for the recessive reverse counterfeit nature, clearly on the the recessive reverse fake qualitative and punishment significance. This is the focus of the writing of this article. Part IV simple analysis abroad for recessive reverse fake legal regulation methods, which provide a reference of the perfection of relevant laws. The fifth part introduces the counterfeit and regulated the status quo of China's hidden hair, put forward specific recommendations for the improvement of our legislative and judicial.

On the Implied Trademark Reverse Passing-off and the Legal Regulation

Abstract

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