On the trademark reverse passing off of the preliminary study
Abstract
In 1994,‘Maple Leaf’ v. ‘Cartelo’ is the first case on trademark reverse passing off in China.Then the case caused a deep and lasting discussion in Chinese intellectual property field to trademark reverse passing off. Especially discover the nature of trademark reverse passing off, and the application of law have been the best main issue to scholars.Chinese legislative revised the ‘Trademark Law of the People's Republic of China’ in 2001,included the action in the law,the law provides that trademark reverse passing off is a tort of a exclusive right to use trademark,and let the judiciary departments could avoid no laws to apply while dealing with this kind of case.My paper begins with the general theory of trademark reverse passing off to analyze its nature and application of law.Moreover, seeking foreign legislative experience and linkup China's current combination of the actual situation to identify trademark reverse passing off legislation and judicial practice of the existing problems.At last,put some opinions for improve our judicature.
