The Study Of Trade Dress Protection Under Intelligent Property Law

In Europe and America, the history of trade dress becoming official object of intelligent property had been longer than several decades, but in our country, the concept of trade dress has not been introduced neither in legal provisions or judicial cases, and even the articles and papers were also seldom under the thesis of trade dress, which proved that in China, the legal protection of trade dress has not been closely focused until now. In fact, the disputes of similar trade dress issues had happened many times, although the obligee could receive certain protection under traditional provisions of intelligent property law, it was still limited in many aspects; what's more, under the situation of economy globalization, trade dress has also become the key factor of international trade competition and conflicts. Therefore, the efforts to deepen the theoretical study of trade dress legal systems and to form complete legal system of trade dress in China will play essential roles for the protection of obligees'interests, for the trade competition enhancement of domestic enterprises and for the improvement of Chinese law systems of intelligent property and for the promotion of international communications of law cultural.This paper has been divided into five chapters, in Chapter 1, it described the concept, meaning and characteristics of trade dress, together with the comparison between trade dress and traditional objects of intelligent property right, which clarified clearly the research object of this paper; Chapter 2 proved the protection feasibility of trade dress from the aspects of expansion of intelligent property objects, the actual necessity of trade dress protection, legal theories and economy etc.; Chapter 3 just demonstrated the current protection models of trade dress from the angles of copyright law, patent law, trademark law and anti-undue competition; In Chapter 4, it discussed some weakness of current protection models of trade dress, and then further deducted that it's an appropriate way to protect trade dress under trademark law; Chapter 5 had many analysis regarding to most problems occurred in trade dress suits. So by means of the analysis and proof mentioned above and argument, the writer wishes to provide some inspiration in order to establish complete legal systems of trade dress in China.