The Study On The Multiple Protection Of Well-known Commodities’ Design

In2010, Shanghai M&G Stationery Manufacturing Co., Ltd.sued Ningpo Wei ya daStationery Co., Ltd for unfair competition. This case not only is included in the2012top10intellectual property cases on juridical protection of the intellectual property,but also isinvolved in a discussion about the problem that multiple protection of the well-knowncommodity’s design.From the perspective of theory analysis, multiple protection is reasonable and necessary.Based on selection principles, some scholars propose that, multiple protection is repeatedprotection, because object, term and mode of protection is the same. So multiple protection isimproper. Though there is overlapping, it is possible that design contains different legalinterests. The separate law protests design based on different interests. So multiple protectionis still legitimate. Compared with general design, well-know goods design is significant. ThisSignificance makes goods apart from similar commodities, companies also gain greatercompetitive advantage. Although this design have had protection from patent law, competitiveadvantage is not perish with the expiration of the patent protection. Therefore, it also needprotection from other intellectual property. In patent law, setting protection period is aimed tomaintain balance among rights of subjects,information creation and promotion. Multipleprotection seem to undermine the balance. Essentially, it not only fights against unfaircompetition,but also maintains balance between obligee and public, and protect consumers’legal rights. It does not impede technological progress and competition,even though designhas been in the hand of obligee. Because design patent is design scheme and expression ofbeauty, people have different feelings for beauty, there is not a design can became industrialstandard, so multiple protection can not hinder other competitors enter the market.From the perspective of demonstration analysis, multiple protection is supported inactual law practice.Regardless of the theoretical analysis and demonstration analysis, the purpose is to solvereal disputes. K-35gel pen’s design meets the conditions of multiple protection, and meetscomponent of well-known commodity’s decoration.Although this design have had protectionfrom patent law, competitive advantage still exist. It should be in the form of specific designand decoration of well-known commodities, and continue to be protected.