The Legal Protection Of Trade Dress In China

The translation of trade dress originated form the legal term used in US judicial cases and legal publication, in our country is a relatively new concept, it has not been brought into the existing legal system of our country.Along with the development of the market economy,At home and abroad in recent years have suffered a series of trade dress infringement cases make our enterprise at a loss,they to use looking similar trade dress infringement is very confused,Therefore need to study law shall be the answer.Although our country legal system in patent law, the copyright law, trademark law, anti-unfair competition law take for trade dress to some extent protection;Although the object of intellectual property in China has expanded range trend, expand the scope of protection for the protection of trade dress after appearance;Although our judicial practice in the court to give the trade dress precedents to protect the overall decorate and hotel of service,The academic circle from different angles, talking about patent of appearance design, not registered trademark and specific to a well-known commodity packaging, packaging legal protection;But few of the look of the legal protection of trade dress and complete research.So,We have studied the system of legal protection for trade dress of great significance.This paper adopts literature study, the value analysis and empirical analysis and comparison analysis and so on many kinds of research methods,In combination with foreign advanced legislation and judicial experience basis,The protection of trade dress problem for a more in-depth analysis,Finally puts forward to the trademark law and anti-unfair competition law as the core trade dress to complement and tied for protection mode.This paper is divided into four parts to trade dress was discussed.The paper mainly studies:The first part,The basic theory of the trade dress.First application some overseas study theory,according to our country’s existing research results,Discusses the trade dress of the concept, characteristics, and classification, discrimination and the significance of the trade dress of similar concepts.This part of the involved the content mainly for paper discusses content after a technology and theoretic preparation.The second part,Our country present stage trade dress of the protection of the law,This part of the comprehensive analysis of our existing law of the protection of trade dress,The legal standard of the relevant contents of a brief summary and evaluated, and combined with the defects of the trade dress of the existing legal protection,and analysis of the existing protection defects reasons. The existing law of the protection of trade dress defect of the main reason is the commercial appearance own nature and the legal protection of rights conflict causes.This part of trade dress protection the current situation and existing problems are analyzed, and the countermeasures for later under put forward to provide support.The third part,Comparative study of the look of trade dress law protection condition-in the United States for reference method.The United States is The earliest trade dress protection to protect The most perfect of The country,By studying the United States in the specific provisions of the statutes and case of the protection of trade dress,Analysis of the legal protection for trade dress condition, and concluded that give China’s commercial appearance of the conditions of the legal protection of enlightenment,That give us the enlightenment.The fourth part,Perfect the legal system of China’s trade dress protection.This is the last part of the article,First,Through the comparative analysis method to find suitable for China’s trade dress of protection law mode,It is using the trademark law and anti-unfair competition law as the core to provide protection.Because,Existing law trademark law and unfair competition law, protection of trade dress are flawed,need to perfect it,This paper mainly puts forward:In applying for trademark registration of the trademark law expanding the sign of the extension range, further defined conditions, to strengthen the trademark registration is not a registered trademark of protection;Anti-unfair competition law to cancel the "Known", expand the scope of protection of the anti-unfair competition law and reshape the look of the protection trade dress so as to achieve the "out of the role of the protection of several suggestions.Hope this better protect our country’s trade dress.