The Legal Protection Pattern Of Package And Decoration Particular To Famous Commodity

Well concerned by the intellectual property community,China’s first packaging and decoration dispute-the "Red Cans" dispute case between GPHL and JDB has been settled. Although the case was finished, but the problems that the protection of specific packaging and decoration of well-known commodity have also been triggered is widespread concerned by the academia.What is well-known commodity?How well-known commodity can be identified?What is the nature of the well-known commodity packaging and decoration?How to determine its ownership?How to protect their interests?etc..All above are the varities of hamper encountered during the process of protecting the specific packaging and decoration of well-known commodity.This essay we will discuss whether the packaging and decoration should depend on the well-known commodity.Only the commodity is well-known, its packaging and decoration have a fuction to distinguish the origin of goods, and it can increase the product’s reputation, thus increasing competitiveness of goods to market in the competitive environment for long-term survival.But among the protective pattern of our existing law for the specific packaging and decoration of well-known commodity,there are few unified and clear standards,only in the "Anti-Unfair Competition Law" and several intellectual property laws have some provisions of certain general provisions.This greatly increases the judge’s judicial practice of known goods and identification of packaging and decoration, but also reduces the efforts to protect the unique packaging and decoration of the well-known commodity, and can not reflect the law’s strictness and adaptability.Therefore, in this situation, we must make a precise provisions to strengthen the protection of well-known commodity-specific packaging and decoration.This paper argues that the function of a trademark is as same as the well-known commodity-specific packaging and decoration and it has a complicated relationship to the trademark, though it is not necessary to attach to the trademark of goods, but it is difficult to separate it and the trademark.I suggest that well-known commodity-specific packaging and decoration should be regulated by a special law, and "Trademark Law" is the most suitable one for this law to make a direct and clear provisions.In addition, the nature of packaging and decoration is also controversial, some scholars regard it as a legal interest is adjusted by the multiple legal protection when the conditions are exact; some scholars believe that it should be regarded as a definitive rights to protect.This article biased in favor of the latter,we should set the "well-known packaging and decoration right" to determine the rights nature of known commodity-specific packaging and decoration, and then by the "Trademark Law" prescribed conditions and relief patterns for "well-known packaging and decoration right"..And in the practice of protecting "well-known packaging and decoration right", the most should be improved is the identification process.The process of recognition in nowadays judicial practice is too complex.Firstly,to identify that the commodities are "famous", and then to identify the packaging and decoration are "unique", packaging and decoration have finally found the fuction to distinct the source of different commodities,and every step of the process is complex and difficult to determine, so to simplify the steps identified in such cases has become the most necessary thing for improvement.By analyzing the protecting pattern of the existing law of inland and abroad for the well-known commodity-specific packaging and decoration, to find the defects in the existing protection system, and then put forward a sound proposal, finally to come up with setting the "well-known packaging and decoration right" to further improve the protection of the well-known commodity packaging and decoration.