Research On Leagl Protection Of The Packing Or Decoration Peculiar Well-Known Goods

As a very important business trade-mark, the packing or decoration peculiar well-known goods play a initial role in the market competition. Unique packaging, decorating serve to distinguish the source of goods or services, and help businesses establish a brand, accumulated goodwill and effectively dominate the market.Because of this advantage in market competition, leading some operators to obtain unfair competitive advantage, and in the use of their goods or services identical or similar to the packing or decoration peculiar well-known goods which seriously disrupting the integrity and fairness of market competition order. Therefore, the study of this issue will have important theoretical and practical significance.Because of the packing or decoration peculiar well-known goods, our current main legal protection is via Anti-Unfair Competition Law by Article 5.2 and re lated judicial interpretations to achieve, the more general provisions and scattered on the structure, and because the provisions for the protection elements and infringement elements clear lack of clarity, which also led to a different judicial practice of specific violations identified. Therefore, this article attempts to analysis of existing legislation system of the packing or decoration peculiar well-known goods, in order to make some practical suggestions to the legal system of the packing or decoration peculiar well-known goods.In this paper, the main body of the structure is divided into four parts. The first part is overview of the packing or decoration peculiar well-known goods, primarily by compare the definition of the concept and related concepts of the s packing or decoration peculiar well-known goods to analyze the elements of legal protection. The second part is via research on comparative law of the packing or decoration peculiar well-known goods. Mainly analyzes the different legislative models between common law system countries and civil law system countries.The third part explores the conservation status of the existing legislation on the packing or decoration peculiar well-known goods, including mainly be analyzed and summarized on intellectual property law and unfair competition law, although existing legislation can be made available to protect from different angles, but also has its limitations.The fourth part put forward several proposals to improve legislation of the trade mark law and unfair competition law.