The Dispute Analysis Of Special Name, Package And Decoration Of Famous Commodity

Special name, package and decoration of famous commodity is eternal adornment and ornament,which demonstrates feature of quality and character of its commodity and becomes the significant identification distinguished from other enterprise goods and one part of enterprise culture. It condenses with enterprise business reputation and commodity reputation. At the same time,it becomes a preferred factor of attracting consumers choosing and buying goods.Its importance increasingly prominents.So, in order to rapidly seize the market share, strongly grab economic interests, some firstly emerging enterprises often make use of visibility and reputation of same or similar products, fake special name, package and decoration of famous commodity by "free-rider" to cause consumers confusion and misidentification. Every year,because of being facked and counterfeited by special name, package and decoration of famous commodity, suits are remain high in unfair competition and intellectual property cases.It occupies a considerable proportion and increases climbing.This kind of immoral behavior not only infringes upon the lawful rights of operators, knowing and options of consumers,and destroys good faith and fair competitive business ethics,but also jeopardizes the normal market and the management order.At the same time, according to the specific attributes of special name, package and decoration of famous commodity, when it is in compliance with applicable conditions,it can receive legal protection of the anti-unfair competition law and intelletual property law. So when it is encroached, inevitably occurred rights conflict, in this case, which legal means can maximizly protect legal rights and interests of legitimate operators has become a problem to be solved.This paper tries to make a typical case for an example which hentai drink corporation LTD lawsuit xiangshan wine industry corporation in Ningxia that counterfeited special name, package and decoration of famous commodity to analyse the disputed focus. And through analysizing the conditions of special name, package and decoration of famous commodity being protected by relevant laws overlap, then put forward the principle to solve legal protection rights conflict, finally proposed the suggestion of perfecting our country's legal system of famous commodity marking, in order to maximize to protect the owners' interests.This theory research is available for protecting intangible assets of enterprise comprehensivly and adequately, arousing the enterprise awareness of valuing famous commodity logo by depending on the intellectual property rights and reducing easily torted phenomena of famous commodity, which forcefully will stop unfair competition of commercial acts,strive to create and maintain fair competition, orderly and harmonious business atmosphere.