Research On Legal Problems Of Trade Dress Protection

Originated in the United States, trade dress does not have a precise definition because of its wide-ranging. In the United States and other Western countries, trade dress has long been included in the law for protection. In the case of the demand of the domestic law of trade dress protection, the provisions of the existing intellectual property and unfair competition law for trade dress protection is no longer able to give our trade dress with a powerful protection. A number of legal provisions cross-protection of trade dress as well as the unclear nature of the protection of our country’s trade dress, makes our protection for trade dress in a more limited level. Chinese enterprises in foreign trade related activities can not get the full protection of the law relating to trade dress, so that they can not achieve the objective of maximizing corporate value, and ultimately undermine the international competitiveness of our country, our country is not conducive to the introduction of advanced technology and mobility more capital. At the same time, the appearance of the goods and services imperfect protection system is not conducive to the development of China’s domestic market. Therefore, we should redouble our efforts on the research of trade dress, the only way to make the development of Chinese enterprises and foreign exchange is to make it no longer in a weak position. Thus, the system can maintain the trade dress enterprises in the international competitiveness and can protect domestic good competition order.This paper systematically explains the appearance and background of trade dress and summed up the views of scholars at home and abroad. And on this basis, explores the basic theory of commercial appearance, analyzes the meaning of trade dress as well as the possibility of legal protection, and the necessity of the protection of trade dress from various angles. Further more I put forward the legal problems of the protection of trade dress, then study and draw lessons from the advanced experience in the United States. Finally put forward the Suggestions for protection of trade dress in our country.