Discuss On The Legal Protection Of Famous Commodities In Trade Dress

With the development of Chinese market economy and global trading, how to protect famous commodity is becoming a more and more important issue. However, there are more and more famous commodities that are being imitated by some illegal businessman. Such imitation behavior is not only harmful for the famous commodity but also can cause confusion among the public. Therefore, in order to build a good commercial competition environment, protect enterprise’s business result and interest of consumers, how to provide a better legal protection for famous commodity is becoming an important issue for China.There are five chapters in this article:In the first chapter, the author discusses the definition of famous commodity, the extent of protection of famous commodity, the characteristics of famous commodity and the practical significance to protect famous commodity. In the second chapter, the author discusses the differences between famous commodity and the traditional intellectual property, as well as the principle of protecting the famous commodity from a theoretical and practical point. The third chapter is comparison law research. In this chapter the author studies the international treaty, the relevant law of United States, Japan, Korea and Germany and analyzes the advantages that we could reference for China. In the fourth chapter, the author discusses the protecting situation for the famous commodity, such as how to identify the "famous" and "confusion". And then the author points out the deficiency in protecting famous commodity in China and states his own opinions.Through the discussion above, the author thinks that to provide a wider scope and a better protection for famous commodity could not only maintain a good market order but also could solve the conflicts between the intellectual property rights. At the same time it also plays an important role for China to improve its image in international competition.