On The Ownership Of Known Goods Packaging,Decoration

The interests of known goods packaging and decoration in based on the famous commodity, known goods packaging and decoration cannot only beautify the goods packaging, identify the source of goods the discriminative effect, but carry goods of goodwill. Known goods packaging and decoration is more and more valued by commercial operators, at the same time, the problem of their rights ownership also lead people to think. There are some new problem after the fight for "red can", which was referred to as "First Case of Chinese Packaging and Decoration". Because of the existence of the trademark license agreement, how to confirm the ownership of known goods packaging and decoration is needed to answer. There are two kinds of identification approach for the interests of known goods packaging and decoration. One is the interests of packaging and decoration attached to the known goods. Combined with the interaction case of packaging infringement between JiaDuobao and Guangzhou Pharmaceutical Group, both of them must identify the known goods, special packaging and decoration, and the relationship between them. The identification of well-known goods should be considered from three aspects, time, space and human, to be found in special cases; the standard of specific packaging and decoration is utilization, unique and significance; known goods is correspondent with specific packaging and decoration. The other is analyzing of known goods packaging, decoration ownership does not depend on the ownership of trademark rights. Considering the particularity of the case, adopt demonstration analysis and theoretical analysis to look at and appraise union method, the separability of specific packaging, decoration and trademark can be understood. If the specific packaging, decoration is different form trademark, the interests of known goods packaging and decoration is not necessarily dependent on the ownership of trademark rights. Recognizing the ownership of known goods packaging and decoration has independent principles. Under current law frame, it is impossible to solve the question whether it is applicable to "Anti Unfair Competition Law", "copyright law", "patent law" or "trademark law". Therefore, it is necessary to carry out independent regulation to protect the interests of known goods packaging and decoration. To solve the cases of ownership of known goods packaging and decoration, the fist thing is to identify the independent status of specific packaging and decoration. Then the subject of specific packaging and decoration ownership should be defined. For the principles of ownership of packaging and decoration, firstly, considering the prior user of well-known packaging and decoration. Then considering the contributing factors of operators, the interests of known goods belongs to the contribution of a large party. In addition, as a kind of social norms, the law must be based on justice as the highest criterion, so the principle of fairness is adopt when the contract has some defects. Known goods packaging and decoration should follow the same principle when the two sides did not reach an agreement at the ownership of the specific and decoration. For the fight of "Red Can", encouraging both sides to take the mutually beneficial and win-win cooperation mode, through the licensing mode.