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商标,作为商品的形象和标记,是首先进入消费者心目中的一面旗帜,又是企业参与市场竞争的锐利武器,这已逐渐为众多的企业所认识。另一方面,正因为名牌商标具有巨大的经济价值,商标假冒侵权行为也愈演愈烈,那些知名度高、经济效益好的商标成了假冒侵权的重点对象,假冒手段也更加狡猾。尽管1993年修订颁布的《中华人民共和国商标法》和全国人大常委会《关于惩治假冒商标犯罪的补充规定》,这就加大了对假冒商标侵权行为的处罚力度,大大加强了对注册商标专用权的保护。但我们也必须看到实践中商标侵权案件查处的阻力还相当大。本文仅就笔者参与商标侵权案件的调查和处理的经历,谈一些认识和体会。
Trademarks, as the image and mark of the goods, are the flag that first enters the minds of consumers and is also the sharp weapon for enterprises to participate in market competition. This has gradually become recognized by many enterprises. On the other hand, just because brand-name trademarks have great economic value and counterfeiting and trademark infringement are becoming more and more serious, trademarks with high reputation and good economic returns have become the focus of counterfeiting and infringement, and counterfeit means have become more cunning. Despite the revision of the “Trademark Law of the People's Republic of China” promulgated in 1993 and the “Supplementary Provisions of the Standing Committee of the National People's Congress on Punishing Crimes of Counterfeit Trademarks,” this has increased penalties for infringement of counterfeit marks and greatly enhanced the use of registered trademarks Protection of rights. However, we must also see the resistance in handling trademark infringement cases in practice is still quite large. This article only on the author to participate in the investigation and handling of trademark infringement cases, talk about some understanding and experience.