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The crime of retrorse and sham behavior converts trade mark
From;  Author:Stand originally

Alleged brand is retrorse and sham, it is to show without brand special right person is permitted, change its registered trade mark changes this the commodity of brand the behavior of throw on the market (later development abbreviation is retrorse and sham behavior) . Its behavior behaves retrorse and sham behavior although the form differs with traditional sham behavior, but go up in conduct character and do not have substantial difference, the brand that injured another person likewise is special authority, affected the normal play of brand function, cheated customer, cause the disorder of order of flow of goods. The author thinks serious to the clue retrorse and sham conduct can apply criminal method completely to give punish.

Retrorse and sham behavior is one kind violates trademark the behavior of special right

The value of brand depends on brand having identify commodity, assure the action such as commodity quality and advertisement conduct propaganda, sales promotion, and brand can develop these functions normally, because brand established the channel that an information delivers between the commodity of the enterprise and consumer,be, the play because of this brand function must be premise with the complete union of brand and commodity. And brand is special authority gifted the trademark registrant uses its registered trade mark on its commodity lawfully, prohibit other is sham, dismiss, its purpose depends on ensuring the union of brand and commodity. And the act that no matter be,uses as identical as registered trade mark or approximate label on identical or similar goods, still get off other brand and change the behaviour of oneself brand, severed the connection of source commodity and source brand, cut off the bridge between generator and consumer, hampered the normal play of brand function, the trademark that violated other is special authority.

Although have scholastic ground " trade mark right is extinct " principle, the commodity that thinks to carry some label legally once throw on the market, person of trade mark right lost the control to it namely, its right is regarded as to exhaust, because this retrorse and sham behavior cannot regard sham brand as special right. But oversight of this kind of reason a such facts, namely commodity has not reach ultimate consumer in the hand, still be in trade flow in, the mission of brand is half-baked still, others changed in this process brand, affected the consumer recognition to commodity origin apparently, what cannot realize brand and commodity is unified, and the union that ensures brand and commodity just is brand the core element of special right. No less than is tried " Wen La is gotten " of retrorse and sham case advocate careful judge place says, because its trade mark right is in process of flow of goods,must avoid by enroach on, include commodity and the brand depart that its adhere to, and the economic interest that makes the manufacturing operator of commodity is gone after cannot come true, or cannot come true completely. This ability is the entire content that law upholds trade mark right.
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