Glossary entry

Chinese term or phrase:

冒充/影射

English translation:

counterfeiting/passing off

Added to glossary by Yongmei Liu
Feb 16, 2008 08:25
16 yrs ago
Chinese term

冒充/影射

Chinese to English Law/Patents Law: Patents, Trademarks, Copyright
不得有冒充、抄襲、模仿、影射或其他不實情形

passing-off, copying, imitation, ____???

Discussion

Shirley Lao Feb 17, 2008:
Thanks for your information. However, the question is that a lot of terms such as passing off (假冒影射) were found in intellectual property offices.
Yongmei Liu (asker) Feb 17, 2008:
谢谢Shirley http://db.lawbank.com.tw/FLAW/FLAWQRY01.asp 查法源法律網(不知權威性多高):1. 冒充出現次數不多,在中華民國刑法中的意思是 impersonation (對人是 impersonation,對物件就應該是 passing-off 吧)(“冒充公務員”)
2. 影射:a. 《健康食品管理法施行細則》仿冒或影射他人註冊商標被譯成counterfeiting or insinuating another person's registered trademark; b.《 藥師法》 背書、影射產品具誇大不實之效能被譯成imply exaggerative and untruthful effects。可見影射的基本意思似乎是暗示。應該注意這個網站的英譯并不是官方譯文。網上確有把影射與passing-off 對應的情況,也許是以訛傳訛。依然糊涂。

Proposed translations

+1
8 hrs
Selected

counterfeiting/passing off

假冒影射(Passing Off)意指一方以不正當的手法誤導消費大眾,使眾人認為他的產品/服務與另一知名度高的產品/服務是同樣/相關的。

Passing off is a common law tort which can be used to enforce unregistered trademark rights. Passing off essentially occurs where the reputation of party A is "misappropriated" by party B, such that party B "misrepresents" this reputation and damages the goodwill of party A.

The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the plaintiff, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.
http://en.wikipedia.org/wiki/Passing_off


Counterfeit Goods:
Goods bearing a trademark that is either identical with, or substantially indistinguishable from, a federally registered mark. While infringement of a trademark requires confusing similarity between marks, regardless of the intent of the infringer, counterfeiting can only occur when the perpetrator "knowingly used the counterfeit mark with an intent to traffic in the goods bearing such mark". Trafficking in counterfeit marks may be a criminal offense, and can lead to treble damages when pursued in a civil court. The U.S. Customs Bureau and the International Trade Commission can help trademark owners stop the importation of counterfeit goods into the United States.
http://www.marklaw.com/trademark-glossary/A-C.htm#C


http://209.85.175.104/search?q=cache:rPFLQ8fRIcQJ:www.cnfi.o...


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Note added at 8 hrs (2008-02-16 17:07:39 GMT)
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You may easily recognize that the term "passing off" is mostly used in the UK and countries that have adopted the UK's laws.

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Note added at 20 hrs (2008-02-17 04:51:19 GMT)
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You may also refer to this online English-Chinese dictionary about the Law of Passing-off.

http://books.google.com/books?id=K_x8cZLvYz8C&pg=PA658&lpg=P...

Peer comment(s):

agree Malcolm Mayfield
1 day 10 hrs
Thanks!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you!"
5 hrs

substitue/mirroring

I think it's hard to say what the exact term should be used, because it depends on what is being copied or faked. Forgery could probably go in one of the terms as well, but these are more suitable suggestions in my opinion, at least in relation to the translation of the terms.
Something went wrong...
+4
15 mins

counterfeiting / insinuating

counterfeiting / insinuating

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Note added at 6 hrs (2008-02-16 14:56:52 GMT)
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insinuation (plural insinuations)

1. The act or process of insinuating; a creeping, winding, or flowing in.
2. The act of gaining favor, affection, or influence, by gentle or artful means; -- formerly used in a good sense, as of friendly influence or interposition.
3. The art or power of gaining good will by a prepossessing manner.
4. That which is insinuated; a hint; a suggestion or intimation by distant allusion; as, slander may be conveyed by insinuations.
Note from asker:
nice - thanks!
btw - can you copy the part on insinuation? wikipedia is blocked over here, sigh
Hmmm, I thought you meant the word insinuating was used in that article to describe a form of IPR infringement ...
Peer comment(s):

agree orientalhorizon
1 hr
agree Milton Guo
3 hrs
agree karcsy
8 hrs
agree Angus Woo
17 hrs
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