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反向假冒商标问题,曾因几起案例的发生,在我国法律界引起了较为激烈的讨论。随着2001年《商标法》的修改,这一问题在第52条第(四)项中作了规定,这场争论似乎有了一个结果。但理论界与司法界仍在进一步思考这个问题,表明该问题并没有得以根本解决。笔者认为,在《商标法》第三次修正之际,我们应该进一步完善《商标法》,同时完善《消费者权益保护法》等有关法律,使之发挥好必要的补充作用。从两个角度惩治反向假冒商标行为,使消费者权益和商标所有人商标权得到更好的保护,有效压缩反向假冒行为的生存空间。
The issue of counterfeit trademark has caused more heated discussions in the legal field in our country due to the occurrence of a few cases. With the amendment of the Trademark Law of 2001, the question was set out in article 52, subparagraph (d), and the controversy seems to have had a result. However, the theoretical circles and the judiciary are still thinking about this issue further, indicating that the issue has not been fundamentally solved. The author believes that on the occasion of the third revision of the “Trademark Law,” we should further improve the “Trademark Law” and at the same time perfect the “Consumer Protection Law” and other relevant laws so that they can play a necessary complementary role. Punish the anti-counterfeiting trademark from two perspectives, protect the interests of consumers and trademark owners better, and effectively reduce the living space of counterfeiting.