On Trade Dress Legal System

Trademark Law of the Peoples Republic of China has introducedthree-dimensional trademark registration system since 2001, andAnti-Unfair Competition Law of the Peoples Republic of China prohibitsimitating the package and decoration of well-known commodity, by whichthe protection of trade dress got its legal basis. However, the protectionprovided by Trademark Law and Anti-Unfair Competition Law for tradedress is very narrow. Additionally, the related terms are too simple to beapplied. The imperfect in legislation on trade dress protection lead to manydifficulties in judicial practice. Therefore, it is necessary to research on bothTrademark Law and Anti-Unfair Competition Law and make a systematicstudy on trade dress legal system.Comparative analysis method is used in this thesis. By comparinglegislation and judicial practice of trade dress protection in the United States,the EU, Japan and China, this thesis explores basic theory behind legislationand judicial practice of trade dress, and then point out the existing legislativedeficiencies and corresponding sound recommendations in Chinese tradedress legal system: straightening out Trademark Law and Anti-UnfairCompetition Law, securing Trademark Law provide protection to tradedress by admitting trade dress to be registered as registered trademark whileAnti-Unfair Competition Law protecting unregistered trade dress byprohibiting unfair competition. Elaborating "Review Standards ofTrademark" to explain the abstract articles about three-dimensionaltrademark registration and protection in Trademark Law. Deleting the articlewhich protects registered trademark of Anti-Unfair Competition Law while amending the article which protects the package and decoration ofwell-known goods in Anti-Unfair Competition Law to widen protectivescope, so as to provide legal protection to all unregistered trade dress.Through amending Trademark Law and Anti-Unfair Competition Law, wecan establish a perfect trade dress legal system.