Research On Commodity Packaging And Decoration The Anti-Unfair Competition Approach

In recent years, as the frequency of litigation involving the commodity decoration and packaging is rising, the legal status of commodity decoration and packaging is becoming more significant. The decoration and packaging of commodity is embodied in copyright, patent and trademark rights, there are respective protections in their legislations. But when different legislations are protecting the same content, there is risk of confliction in rights, which allows vacancy in protection. Though Anti-Unfair Competition Law provides the basic protection, it still fails to meet the demand of the current social development. The foreign theoretical study of decoration and packaging has positive impact on the progress of decoration and packaging legislations. Commodity packaging and decoration with the trademark is a mark of intellectual property rights, with recognition commodity provenience role, its constituent elements should have consistency in scope.Any elements that constitute the commodity decoration should be identifiable, but with the development of internet and modern multimedia, the elements include not only the traditional elements like written words and images, but also covers the newly developed contents like sound or even smells. Certain tag lines are closely linked to some commodities and thus have property value. It is reasonable to include such tag lines in the definition of commodity decoration to provide better legal protection. Decoration and packaging serve as the commodity identification, which makes their protection significantly important in term of competition law. The author analyzed the current legislation status and pressing issues of commodity decoration and provided recommendations in improving legislation in anti-unfair Competition law.