On Protection For Trade Dress According To Anti-Unfair Competition Law

Trade dress generally refers to the total image and appearance of a product, including product packaging, decoration, design, etc. Nowadays the indicating function of trade dress is getting more and more significant. In the existing law systems of our country, Anti-Unfair Competition Law should play the leading role in protecting trade dress. However, the narrowness of its protective scope and the strictness of the protective conditions make it unfit for the demands of the society and old-fashioned in the international law-making current. In this paper, the author will first of all introduce the legal system of trade dress in America. Based on that, combining the legislation and the typical cases in China, this thesis will go on to systematically discuss how to understand and improve the protection on trade dress by Anti-Unfair Competition Law.This thesis consists of three chapters plus a preface and a conclusion.Chapter One. The overview of the trade dress .This Chapter gives the definition of trade dress in detail. While concluding the origin and definition of trade dress, this chapter abstracts the legal characteristics, market functions and its legal sense. In the end, the author analyzes the connections and differences between trade dress and trademark.Chapter Two. Analysis and reference of protective system of trade dress in America. It introduces two protective models of trade dress according to the trademark law and anti-unfair competition law in America, together with related comment. At the same time, it combines two protective conditions and their judging methods of the American trade dress with Lanham Act and its judicial cases: distinctiveness and non-functionality. The former composes of inherent distinctiveness and acquired distinctiveness, and the latter utilitarian functionality and aesthetic functionality. On this foundation, it analyzes the value of reference of the American trade dress.Chapter Three. The protection on trade dress according to anti-unfair competition law in China. This chapter introduces the legislation system of protection on trade dress in our country. According to section Five of Anti-Unfair Competition Law in China and related provisions and typical cases, the author summarizes and analyzes the legal system of anti-unfair competition law of our country to protect trade dress, including the scope, substantive conditions and exterior conditions of this protection.Chapter Four. Perfecting protection on trade dress according to anti-unfair competition law. This chapter analyzes the present situation of the Copyright, Patent Law and Trademark Law to protect trade dress and their corresponding advantages and disadvantages. And then it is pointed out that Anti-Unfair Competition Law should play the leading role in protecting trade dress. At the end of this chapter, the author gives some advice on how to use American legal system for reference and perfect our relevant legislation concerning trade dress, which is based on analyzing the two shortcomings of Anti-Unfair Competition Law in China to protect trade dress.