试论造假卖假行为涉及的商标侵权及商标权人权益保护问题

On Trademark Infringement and the Protection of the Rights and Interests of Trademark Owners Involved in Counterfeiting and Selling

改革开放后随着我国市场经济的迅速发展,在社会市场领域产生的利益纠纷也越来越多,近年来在我国出现并广泛传播的一种特殊买卖行为——“造假卖假,知假买假”的现象屡见不鲜,大范围的知识产权侵权情况扰乱了多年来稳定发展的市场秩序和社会治安。在这一现象背后,产生了品牌商家的正当权益不断被侵犯却无法根据相关法律进行维权、造假卖假现象愈发猖獗却无人管制等热点争议话题。文章中对该行为本质和相关涉及权利的分析,围绕商标侵权,对“造假卖假”行为产生的背景、原因、行为侵犯的商标权、行为所涉及的相关权益等问题进行探讨;并从不同角度对“造假卖假”行为所产生的消极影响和积极影响进行分析,进而提出应该如何保护品牌商家的商标权等正当权益的建设性意见。

After the reform and opening up, with the rapid development of China’s market economy, there are more and more interest disputes in the field of social market. In recent years, a special buying and selling behavior that has appeared and widely spread in China “counterfeiting and selling, knowing and buying fake” is common. A wide range of intellectual property infringement has disturbed the stable development of market order and social security for many years. Behind this phenomenon, there are hot controversial topics, such as the continuous infringement of the legitimate rights and interests of brand merchants but unable to protect their rights in accordance with relevant laws, and the increasingly rampant but unregulated phenomenon of counterfeiting and selling. In this paper, the analysis of the nature of the act and the related rights involved, and around trademark infringement, discuss the background, reasons, trademark rights infringed by the act and the related rights and interests involved in the act;it also analyzes the negative and positive effects of “counterfeiting and selling” from different angles, and then puts forward constructive suggestions on how to protect the trademark rights and other legitimate rights and interests of brand merchants.