Countermeasures and Suggestions for Combating Illegal Acts of Trademark Infringement

Based on legislation and judicial practice, the author believes that the following aspects should be adopted to combat illegal acts of trademark infringement:

1. Step up the improvement of legislation. Regarding the inconvenient operations, imperfections, and ambiguities in current laws and regulations, the legislative body should promptly improve legislation. At present, it is necessary to strengthen law enforcement powers, improve law enforcement rules, standardize and restrict law enforcement behaviors.

The relevant provisions of my country's laws and regulations regarding combating counterfeiting and infringement are not strict enough. The main problem lies in the imperfection of law enforcement. What stands out is the issue of case filing standards in law enforcement. Judging from judicial practice, there is currently no clear case filing standard. This includes criminal penalty standards and administrative penalty standards. The Supreme Court’s standards are mainly about conviction and sentencing. We believe that the standard for filing a case should be broader than the standard for conviction and sentencing, and the amount should be lower. Those that can be prosecuted after investigation will be transferred to the procuratorate and brought to court; those that are not up to standard will be given administrative treatment, including public security administration. This interface is precisely where the problem arises. The standards and circumstances that can lead to conviction and sentencing should also be clearer. We should proceed from reality, increase the intensity of crackdowns, and proceed from the laws of the market economy. Taking into account the current situation and trend of rampant and widespread illegal activities, some Standards should be lowered accordingly.

2. Comprehensive rectification and crackdown on trademark infringement mostly involve civil infringement issues. In this regard, we should take the road of comprehensive treatment and three-dimensional protection, and strive to achieve a multi-pronged approach. Only in this way can the distinction be made clearer in the application of law, and different ideas can be used to solve problems and fill legal loopholes in judicial practice. To combat trademark infringement and protect intellectual property rights, criminal, civil, administrative and other means should be used to carry out three-dimensional protection. Focusing on any one aspect is incomplete. Only in this way can the problems of combating trademark infringement and protecting intellectual property rights be solved. As the judicial department that combats trademark infringement, it should study comprehensive handling methods of criminal, civil, administrative and other means, so as to pay equal attention to prevention and prevention. At the same time, it is recommended to implement the "top leader" project. Each locality should set up corresponding leading groups, formulate effective measures, and clarify specific goals. Whoever produces or sells fake and shoddy goods in their jurisdiction will be held accountable. This is to eliminate local protectionism and crack down on "Umbrella" is the most effective method.

3. Register in time to establish trademark ownership. Obtaining trademark rights is the premise and foundation for the protection of corporate trademark rights. Without trademark rights, all rights and interests protection is impossible. This is a very obvious truth, but in fact many companies do not pay enough attention to it. To obtain trademark ownership, you must apply for registration with the trademark management authority in a timely manner. The original acquisition methods for trademark rights stipulated in the trademark laws of various countries are not exactly the same. Some are based on the first-to-use principle, some are based on the first-to-register principle, and some are based on the mixed principle. Regardless of the principle, applying for registration as early as possible has only advantages and no disadvantages for an enterprise, and it will only gain the initiative. Because the meaning of the first-to-register principle is: no matter how long you have used a trademark, trademark rights are only granted to the first enterprise or operating organization to apply. If an enterprise does not register in time, even if it has used a certain trademark for more than ten years, , once registered by others, it will lose the trademark rights. This principle is a very clear boundary, which is easy to verify and manage, and is conducive to establishing a stable trademark order. Therefore, most countries adopt this principle, and it is also adopted in international conventions and practices. my country’s trademark law adopts the first-to-register principle. Because of this, companies must register in time to establish trademark ownership and receive legal protection.

4. Strengthen the publicity of trademark knowledge and improve the trademark awareness and legal knowledge of enterprises and the public. Recently, the State Administration for Industry and Commerce reported on the investigation and prosecution of infringement of trademark exclusive rights nationwide last year. A total of 51,851 cases of various trademark violations were investigated and dealt with, including 40,171 cases of trademark infringement and counterfeiting. In terms of investigating and handling foreign-related trademark infringement and counterfeiting cases, Zhejiang ranks first in the country in terms of the number of foreign-related trademark infringements investigated (***1,248 cases).

[9] In today's society, various cases and behaviors of trademark infringement and counterfeiting occur from time to time. Therefore, it is very necessary to strengthen the publicity of relevant knowledge, because a considerable number of Chinese enterprises are not familiar with relevant laws or the consequences of breaking the law. It's not clear yet. At the same time, by increasing publicity efforts, we can further improve the general public's correct understanding of the brand. Although it will take some time for consumers to overcome the mentality of worshiping famous brands, Chinese consumers still need to continue to mature. Only when the end-user problem is controlled and some consumers' tendency to favor fake brands is corrected can the occurrence of trademark infringement be reduced at the source.

5. Improve anti-counterfeiting technology and pay attention to trademark management. Enterprises that own trademarks, especially those with famous trademarks, must improve the technological content of trademark design and choose a printing factory with good reputation, high printing quality, strict management, and no loss of printed matter to print the trademark. In addition, after having a well-known trademark, it is necessary to strengthen the management of the trademark in daily life. In addition to establishing and improving the system, there must also be a dedicated person responsible for this work. The preservation of data files must also include a patent and trademark part; the enterprise must also consciously cultivate specialized legal Talented people can have the ability to promptly handle, prosecute and respond to disputes once they occur. Foreign trade companies must study the use of their trademarks abroad at any time to prevent infringement by overseas rivals and counterfeit exports by some domestic companies and long-term price competition. Only through strict management of trademarks can enterprises ensure the credibility of their trademarks, firmly control the rights and interests of trademarks in their own hands, and maximize the benefits of trademarks.