摘要
This research will, empirically, analyze the actual seriousness of counterfeit situations currently in China, and look into the enforcement strength of the agencies. As the research will show, trademark counterfeit and infringement situations are changing differently. To be specific, counterfeit cases decrease while infringement increase. And overall, the illegal business scale and volume appear to decrease with a better performance of counterfeits, which indicates an improvement on combating counterfeits. Moreover, the enforcement strength shows an improvement as well, since the criminal cases and counterfeiters transferred by agencies tripled in the past ten years, even though the fines imposed by the agencies do not increase significantly. Most importantly, the cost to infringers after being enforced by agencies increases greatly, with a lower cost to counterfeit and a higher cost to infringe. To sum up, this paper not only emphasizes the progress of Chinese administrative enforcement on trademark counterfeit and infringement, but also contributes a framework of empirically analyzing such enforcement and the theoretical grounds. It is believed that this will lay a solid foundation for the future empirical works on IP infringements and the costs.
本文从实证角度分析了2008至2015年行政机关针对商标假冒和侵权行为的执法情况,发现商标假冒案件数量持续下降而一般侵权情况持续上升,案件涉案金额总体下降,但假冒案件涉案金额下降幅度更大。这反映出假冒案件整体执法情况进展较大。行政机关针对商标案件的罚款数额虽提高不明显,但其进行刑事司法移交的案件和人数呈现三倍增长,这体现了行政执法的严厉程度处于上升趋势。通过计算侵权成本,发现假冒和侵权的成本显著提高,同时假冒成本低于一般侵权成本。因此,本文肯定了我国行政执法阶段性成就,并提出了针对商标行政执法的分析方法及理论依据,为知识产权侵权成本的实证分析提供新思路和基础。
