The Study For Intellectual Property Protection Of Trade Dress

The most extensive concept of the Trade Dress, which has the characteristics of recognition, decorative, overall and usability, is a sign used to identify the origins of the goods. One function of the Trade Dress is to decorate the goods, which includes creativity. Another function of the Trade Dress is to indentify the origins of the goods, which includes identity. Trade Dress can be divided into two categories according to the function of the trade dress. First, the narrow trade dress is to identify the goods. Second, the general trade dress is given book category and patent protection based on creativity besides the narrow trade dress. In this thesis, we will discuss the related contents about the narrow trade dress using the concept analysis method, comparative method, case analysis method, analysis of jurisprudence method, economic analysis method and so on. Trade Dress is the narrow trade dress in this thesis.In this thesis, the first part is to expound the value of the legal protection of trade dress. First, it clears the definition of trade dress by Lanham Act. According to the form of expression, it sums up the characteristics of trade dress. Second, it makes a comparison of related concepts, including trademarks comparison, the comparison with other commercial logos, such as:trade names, geographical indications, pages look, and the relationship with other relevant rights. Third, it explains the significance of the concept of trade dress to Chinese domestic development and international competition.The second part is to expound the theoretical principle of the legal protection of trade dress. First, it analyzes the foundation of the legal protection of trade dress by analysis of jurisprudence method, economic analysis method. Second, it talks about the theoretical principle, confusion theory and anti-dilution theory based on intellectual property protection and has a dialectical analysis between them.The third part is to expound and analyze the models for protecting trade dress. This chapter introduces two models for protecting trade dress, including trademark law mode and anti-unfair competition law mode. The USA is the typical country using trademark law mode. From the history of American trade dress development, it makes detail analysis for specific conditions. In discussing anti-unfair competition law mode, it describes the related content of this mode, from the international treaties and civil law countries angles. In the end, it assesses these two trade dress protection modes in order to explore the mode of trade dress development to suit to China.The fourth part returns to our country's trade dress protection, and elaborates our country's current situation and system improvement about the protection of trade dress. Firstly, from copyright law, patent law, trademark law, anti-unfair competition law and judicial interpretation, it illustrates our country's current situation about the protection of trade dress. And on this basis, it puts forward some legislative proposals on our country's trade dress. These questions include copyright law protection about words, patent law protection about appearance design, the selection of protection mode of trade dress, the improvement of existing mode for protecting trade dress.Epilogue stresses that the study of trade dress must be combined with cases and uses inductive analysis to conclude, and then corrects the conclusion by some of the existing theories, in order to make intellectual property right system more reasonable, give the trade dress more complete protection, and achieve best interests for companies.The innovation of this paper is the reclassification of the general trade dress and the narrow trade dress. It targets range of trade dress under the protection of trademark law system. I hope that this humble opinion can give some help to our country's protection of trade dress.