Research Of The Rule Of China’s Peculiar Packaging And Decoration Rights To Weil-known Goods

The well-known commodity specific packaging and decoration, protection ofthis problem, the main legal basis derived from the unfair competition law of China"against the people’s Republic of China"(hereinafter referred to as the "Anti UnfairCompetition Law") of the relevant provisions, in accordance with the relevantprovisions of thelaw of fifth second can be known, China’s "Anti Unfair CompetitionLaw" the regulation of competitors to take improper means to use with otheroperators are identical or similar to a well-known commodity packaging, sothatconsumers can not distinguish between the main source of well-knowncommodity behavior. Through theregulation of market the free rider behavior toprevent confusion of commodity packaging, decoration. Visible, this paper discussedthe specific packaging and decorating the premise, protected by law is the attachmentof commodities as "well-known goods", because the current law of our country think,only to well-known commodityspecific packaging, decoration, as can distinguish thesource of the strong competitiveness in the market, it may beto get another rivalcounterfeit use profit, causing the market competition order in the chaos, it isnecessary to protect; conversely, if the commodity is not known, other competitorshave no need to fake their packaging,decoration, it certainly does not have theenjoyment of the anti unfair competition law protection of necessity. In other words,in our existing legal framework, mainly to the unique packaging, decoration andwell-known commodity"tied" together, and then through the anti unfair competitionlaw to protect the rights and interests of mode. This approach also led to China’sunique packaging, decoration determination rules of complex and tedious. Goodspackaging decoration, carrying a huge commercial value, in the market competitionof enterprises often become the object of competing, inevitably there is a dispute, andmarket operators change frequently, can make to solve this dispute is becoming moreand more difficult. In this paper, through the analysis of China’s famouscommoditiespackaging, decoration vesting rules of determination in the presence ofsystem level and practice level, the corresponding problems puts forward someimprovement suggestions...