Research On The Legal Problems Of Packaging And Decoration Of Famous Commodities

One sound basis of China’s modern society is that property rights should be protected by the legal systems, and legitimate transactions should have a reliable security. Therefore, the market economy should also be safe and predictable. No predictability is terrible. In the field of intellectual property, intellectual property rights should have more effective and comprehensive protection, in accordance with the requirements of the rule of laws.Firstly, this article tries to start with the case of JDB and Wang Laoji on the infringement dispute of the red cans herbal tea packaging and decoration, analysis the relevant concepts, such as the definition of the famous commodity focus on its conditions and principles, and the relevant laws and regulations, and other legal issues such as the burden of proof, as well as the difficulties of identifying the famous commodities in the judicial practice.Secondly, this article attempts to explore the packaging and decoration of famous commodities, by analyzing the laws in the aspect of its unique quality, the relations with other business marks, such as the trademark, copyright, patent, etc. It develops with the theory of right origin and use priority, in order to discuss the legal base of the legal protection of the property rights of the special packaging and decoration of famous commodities.Finally, on the legal protection of the package and decoration of famous commodities, in the intellectual law system of multiple legal protection such as the Anti-Unfair Competition Law and trademark law, patent law, therefore, it tries to discuss on how the use of the multiple legal protection as to improve the legal system on this subject, the further basic concepts of intellectual property laws, the basic theories of the construction of our intellectual property rights theories.