Analysis On The Interaction Case Of Packaging Infringement Between Jia Duobao And Red Cans Of Herbal Tea Of Guangzhou Pharmaceutical Group

The unique right to use names, packaging and decoration of famous brands is based on well-known and special sexual rights. The distinct names, packaging and decoration of famous brands and trademarks have both contact and difference. Product packaging and decoration cannot only beautify the product packaging, identify the source of goods and services the discriminative effect, but carry goods of goodwill. Product packaging and decoration are commodity producers’ intangible assets.The essence of the interaction case of packaging infringement between Jia Duobao and red cans of herbal tea of Guangzhou Pharmaceutical Group is for the right to use the distinct names, packaging and decoration of famous brands. This paper will focus on the core dispute of the case hearings held by the two sides, namely known goods identified in connection with the dispute in this case as well as the right to use trademarks and product-specific packaging controversy. And the paper will analyze and discuss the attribution and infringement of the right of the red canned herbal tea packaging about this case.This dissertation is divided into four sections:the first section briefs the case of packaging infringement between Jia Duobao and red cans of herbal tea of Guangzhou Pharmaceutical Group; the second section points out the dispute in this case and gives a legal analysis around the dispute: the third section analyzes and discusses the attribution and infringement of the right of the red canned herbal tea packaging about this case; the fourth section mainly summarizes the thoughts caused by the case, and based on the current legal status of our country advanced some reasonable proposals as to the improvment to legal system of the right protection.