On The Freedom And Restraint Of Imitation Of The Trade Dress

In the period of the homogeneity of products,trade dress is one of key factors to make consumer do a decision. Whose trade dress attracts consumer, who can gain more economic interest. Impelled the economic cause, there are appearing plenty of imitative action by another trade dress. Along with the methods and forms of counterfeiting on trade dress are varied and complicated, much complication impairs the benefits of producers and consumers, ruins the order of fair competition, subjects challenge to the legal system. Several years ago,"trade dress's counterfeiting"appeared in our country, and so many law scholars have been paying much attention to this act. Many developed countries'theory and legislation on trademark's counterfeiting have been relatively mature, but there are still many something imperfect and so much as blank in our country's legal system. This article has four parts to make a systematic study on trade dress's counterfeiting. Chapter 1:There is summary of trade dress. This article summarizes the appellation, conception and range of trade dress. Main basic conceptions are definite here. Chapter 2:Introduce different protective mode of trade dress to people. By comparing different protective mode of trade dress demonstrate that some limitation s or defects still exist in our existing legal protection systems. Chapter 3:With regard to liberty and restrict of trade dress's counterfeiting. This portion is keystone of the article. For some trade dress which are unprotected by intellectual property rights law, how to use anti-unfair competition act to protect it. It relate to diverse theory, such as functionality theory etc. Chapter 4: First introduces the protection to the trade dress in current Chinese intellectual property law. Then, it emphasizes on the analysis to the adoption of the second term, the fifth article in Unfair Competition Act. And at last it sets a prospect of the protection to the trade dress in the intellectual property law.