| May 15,2013,the infringement case that WLJ and JDB involved in came to trial in Guangdong Higher People’s Court. The debate over the ownership of “red pot” between WLJ and JDB raised lots of concerns about laws that protect the well-known commodity packaging and decoration right. In our country, the well-known commodity packaging and decoration right differs from the copyright,the patent right and the trademark right. Most of our laws mentioned the well-known commodity packaging are principle, there are some deficiencies in concerned laws. Besides, some new problems and new situations appears with the market competition developed that brings a degree of challenges to the well-known commodity packaging and decoration right.Our paper based on the debate over the ownership of “red pot” between WLJ and JDB, analyses the “red pot” issue’s and summaries the dispute. Our paper elaborates two legislative models aboard about the attribution of the unique product packaging and discuss on the way out of the problem. This paper consists of three chapters.The first chapter describes the well-known suppliers to product packaging and decoration equity attributable to the issue of the origin.And the introduction of Wong Lo Kat JDB "red tank" contention case, first stated the basic facts of the case.Followed by a brief summary of the dispute "red tank" Case of the packaging and decoration.For academic controversy, the author describes China’s current thinking on this issue.An idea based on the principles trademarks and packaging and decoration inseparable.The well-known packaging and decoration equity attributable to the trademark owners.Another is based on "who created, benefits" principle.The equity attributable to packaging and decoration created man, that is a trademark licensee.Then summarize the focus of controversy equity attributable to the issue of the existing ideas.I object to the creation of the chapter is drawn argument, for the following foreshadowed.The second chapter outside the research perspective, well-known commodity elaborate packaging and decoration Right for two legislative modes.Firstly, the author describes the United States as the representative of the goodwill attributable to the legislative model.Introduced in the US typical cases, analysis of judicial practice ideas and summarize this legislative model, concluded such legislation the revelation to China.Secondly, the author introduces the contribution of Japan on behalf of the principle of legislative model.Japan introduced a typical case, the same analysis and summary.In the end, the author analyzes the specific legislation of different modes of revelation China.Goodwill from the attribution of legislative model can be seen in the lack of attention goodwill tradition.Awareness of corporate reputation is weak.As can be seen from the contribution of the principle of legislative model, our path when recognizing well-known packaging and decorating the home equity with respect to the Japanese judicial practice it is cumbersome.It also raises a number of disputes.The author of the creation chapter is intended to draw reasonable approach extraterritorial, which make up our legislative gaps.The third chapter describes the way well-known packaging and decoration attribution.Firstly, the author introduces the possibility and draw different attribution models.The author analyzes the flaws of goodwill attribution model, as well as the grounds of the home unsuitable for transplantation model.Then we analyze the contribution of the principle of attribution model is more suitable compared to the goodwill attributable to migration patterns of reasons.Secondly, the author of the legislative model are discussed, analyzed will be introduced this principle mode of thinking.Finally, the "People’s Republic of China Against Unfair Competition Law(Revised Draft draft)" proposed amendments.Packaging and decoration of home protection are improved. |
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