Starting from legislation and judicial practice, the author thinks that trademark infringement should be cracked down from the following aspects:
1, step up the improvement of legislation. For the inconvenient, imperfect and ambiguous places in the current laws and regulations, the legislature should pay close attention to improving the legislation. At present, it is necessary to strengthen law enforcement forces, improve law enforcement rules, and standardize and constrain law enforcement behavior.
China's laws and regulations are not severe enough to crack down on counterfeiting and infringement. The main problem is that law enforcement is not perfect. What is outstanding is the standard of filing a case in law enforcement. Judging from judicial practice, there is no clear standard for filing a case. This includes criminal punishment standards and administrative punishment standards. The standard of the Supreme Court is mainly conviction and sentencing. We believe that the standard of filing a case should be wider than that of conviction and sentencing, and the amount should be lower. Those who can be prosecuted after investigation shall be transferred to the procuratorate and sent to the court; Those who fail to meet the standards will be given administrative treatment, including public security management. This interface is the crux of the problem. The criteria and circumstances of conviction and sentencing should also be more clear. We should proceed from reality, intensify the crackdown, proceed from the laws of market economy, and consider the current rampant and rampant situation and trend of this illegal act. Some standards should be lowered accordingly.
2. Comprehensively rectifying and cracking down on trademark infringement mostly involves civil infringement. In this regard, we should take the road of comprehensive management and three-dimensional protection, and strive to achieve a multi-pronged approach. Only in this way can we distinguish the application of law more clearly and solve problems with different ideas in judicial practice to make up for legal loopholes. To combat trademark infringement and protect intellectual property rights, criminal, civil and administrative means should be used for three-dimensional protection. It is not perfect to focus on any one side, so as to solve the problems of cracking down on trademark infringement and protecting intellectual property rights. As a judicial department to combat trademark infringement, it should study the comprehensive treatment methods of criminal, civil and administrative means, so as to pay equal attention to combating and preventing. At the same time, it is suggested to implement the "number one" project, and all localities should set up corresponding leading groups, formulate effective measures and clarify specific goals. Whoever produces and sells fake and shoddy goods within the jurisdiction will be held accountable. This is the most effective way to eliminate local protectionism and combat the "umbrella".
3. Register in time and establish trademark ownership. The acquisition of trademark right is the premise and foundation of enterprise trademark right protection. Without trademark rights, all rights protection is impossible. This is an obvious truth, but in fact many enterprises have not paid enough attention to it. To obtain trademark ownership, it is necessary to apply for registration with the trademark management authority in time. The original acquisition methods of trademark rights stipulated in trademark laws of various countries are not exactly the same, some are based on the principle of prior use, some are based on the principle of prior registration, and some are based on the principle of mixing. Whatever the principle, applying for registration as soon as possible will only benefit the enterprise and win the initiative. Because the principle of prior registration means that no matter how long you use a trademark, the trademark right is only granted to the enterprises and commercial institutions that apply first. If the enterprise does not register in time, even if the trademark has been used for more than ten years, once it is registered by others, it will lose its trademark right. This principle is a very clear boundary, easy to verify and manage, which is conducive to the establishment of a stable trademark order, so most countries adopt this principle, and it is also adopted in international conventions and practices. China's trademark law adopts the principle of prior registration. Because of this, enterprises should register in time, establish trademark ownership and be protected by law.
4. Strengthen the publicity of trademark knowledge and improve the trademark awareness and legal knowledge of enterprises and the masses. Recently, the State Administration for Industry and Commerce reported the investigation and handling of cases of infringement of the exclusive right to use trademarks nationwide last year, and investigated and dealt with 5 185 1, including 40 17 1. In investigating and handling foreign-related trademark infringement and counterfeiting cases, the number of foreign-related trademark infringement cases in Zhejiang ranks first in China (*** 1248). [9] In today's society, all kinds of trademark infringement and counterfeiting cases and behaviors occur from time to time. Therefore, it is very necessary to strengthen the publicity of relevant knowledge, because a considerable number of domestic enterprises are unfamiliar with relevant laws or are not very clear about the consequences of violations. At the same time, it will take some time for consumers to overcome the brand worship mentality, but China consumers need to continue to mature. Only by controlling the terminal problems of consumers and correcting the concept that some consumers favor fake brand names can the occurrence of trademark infringement be reduced from the source.
5. Improve anti-counterfeiting technology and attach importance to trademark management. Enterprises with trademarks, especially famous trademarks, must improve the scientific and technological content of trademark design and choose printing factories with good reputation, high printing quality, strict management and no loss of printed matter to print trademarks. In addition, after owning well-known trademarks, we should strengthen the management of trademarks at ordinary times. In addition to establishing a sound system, there must be a special person in charge of this work, and the preservation of data files must also have a patent and trademark part; Enterprises should also consciously train specialized legal talents, and once disputes occur, they can handle, prosecute and respond to the lawsuit in time. Foreign trade enterprises should always study the use of their own trademarks abroad to prevent infringement by foreign rivals, counterfeit exports by some domestic enterprises and multi-head price competition. Through the strict management of trademarks, enterprises can ensure their own trademark reputation, firmly grasp the trademark rights in their own hands, and maximize the benefits of trademarks.
More detailed information can provide more accurate legal advice.