反向假冒商标行为探析

反向假冒商标行为是指未经他人的允许,将他人合法使用在商品上的商标去除后换上自己的商标并投入市场的行为。从消费层面看,它是欺诈消费者的行为;从竞争层面看,它是通过侵犯他人商标的手段来实现自己不正当竞争的行为。各国不同的立法模式告诉我们,只要法律之间关系和谐,都能收到较好的功效,笔者也就此谈了一些关于规制反向假冒商标行为的看法。

A Research on Reverse Passing Off

Reverse passing off is a kind of action that someone removes the trademark pasted on the commodity and replaces it with one's own without the consent of the trademark's owner, finally, makes it into market. Watching from the consume layer, it's a fraud to consumer, while it's also an unfair competition through infringing other's trademark, when it comes to the competition layer. The fact that there are different patterns of legislation in the world tells us that if only the relationship between different laws is tunable, it will receive a wonderful result. The essay also gave some humble opinions on regulating the reverse passing off as well.