中国药业2016，Vol.25Issue(20)：16-18,3.
我国涉药产品商标侵权案例分析
Study on the Cases of Trademark Infringement in the Pharmaceutical-Related Products in China
陈思彤 1何欣 1昝旺1
作者信息
- 1. 成都医学院药学院，四川 成都 610083
- 折叠
摘要
Abstract
Objective To provide a theoretical basis for the government involved in drug supervision and management of trademark in-fringement in the pharmaceutical-related products and for the court in the impartial adjudicate of the relevant cases. Methods The cases of trademark infringement in the pharmaceutical-related products in the major sites were collected,sorted,filtrated,classified,ana-lyzed and attributed. Combined with 2013 amendments to the ″Trademark Law″,the existing problems were discovered,and then recom-mendations were made. Results The types of the cases of trademark infringement in the pharmaceutical-related products included similar goods with the same or similar trademark,the sale of infringing the exclusive right to use a trademark of drugs,manufacturing or sale of the goods forging the registered trademarks without authorization ,all of which applied to ″dual responsibility system″. Conclusion The treatment of such cases should clarify the trademark infringement type and complete the compensation regulation for trademark infringement involving drug products,increase the punishment,while a sound mechanism for the courts to reduce the dis-cretion of the judge.关键词
涉药产品/商标侵权/药品商标Key words
pharmaceutical-related products/trademark infringement/drug trademark分类
医药卫生引用本文复制引用
陈思彤,何欣,昝旺..我国涉药产品商标侵权案例分析[J].中国药业,2016,25(20):16-18,3.
