Abstract:

At the present time, in the practice of judicial affirmation of infringing on intellectual property right, there are following difficult problems: the affirmation of identical commodity in trademark crime; the delimitation of the sphere of registered trademark; the production and selling of the commodity the trademark of which is registered by others; the measurement of actors' unfulfilled trademark crime; and the determination of selling infringed reproduction. For all these problems, the related judicial interpretation is difficult to tackle. This essay, on the basis of judicial investigation and study, probes into the above practical problems and makes some suggestions on determination correspondingly.

Key words: scope of registered trademark, measurement of unfulfilled trademark crime

identical commodity