The Legislative Confirmation About The Famous Products’ Special Packaging And Decoration Confusion Behaviors

The famous products’ special packaging and decoration are more easily imitated byoperators because of its products’ wide market background and good social reputation whichwill lead to the market confusion, the legislative confirmation has great significance to controlthe market confusion. But in China, there are many problems about the famous products’special packaging and decoration confusion behavior such as related theory lagging behind,specific factors lack of operability and law disjointed with the practice etc. Based on thedefinition of the famous products’ special packaging and decoration confusion in this paper,and by analyzing the specific identified factors and learn lessons from the foreign countriesand Taiwan area, the mains propose of this paper is to complete our country’s legal systemabout the famous products’ special packaging and decoration confusion behavior.In addition to the introduction and conclusion, this paper is divided into five parts.The first part is the general introduction about the famous products’ special packagingand decoration. Based on investigating the evolution of the packaging and decoration, itdefines the famous products’ special packaging and decoration’s legal nature, and determinesthe independent value by comparing the brand and the decoration design.The second part is the introduction about domestic and international legislation to thefamous products’ definition and the juridical practice, pointing out the problems that theaffirmation standard is very abstract in the famous products’ affirmation, and the specificfactor is hard to operate in the affirmation process and so on.The third part introduces the packaging and decoration’s scope and the affirmation to the“unique”. Through inspecting the affirmation path of packaging and decoration, this partpoints out the current problems such as rigid and lagging behind legislation what cannot guidethe juridical practice. In the analysis of the “unique” affirmation, the “significance” and“non-functionality” this two factors are highlighted, and it the American advanced theory andpractical experience are mainly introduced.The forth part introduces the analysis and affirmation of the “confusion behavior”, pointsout the problems such as the irrationality of reverse inference in affirmation of “same orsimilar use”, deficiency of the “confusion possibility” theory and the determination factors’fuzziness to the “confusion” behavior and so on. Based on the inspection on the Americanlegislation and juridical practices, it points out the enlightenment that the “confusionpossibility” theory and the specific identified factors at its guidance to our legislation and juridical practice’s.The fifth part combining the newest revised thoughts, put forward the specific measuresto the legal affirmation about the famous products’ special packaging and decorationconfusion behaviors, including determining affirmation’s abstract standard and detailedfactors, enlarge the packaging and decoration scope, confirm the definition of packaging anddecoration “endemism” and “same or similar usage” standard and confirm “confusion”decisive factors this five aspects.