| From the Wanglaoji "red cans" dispute case, put forward that there are problems of commodity packaging decoration of intellectual property law. In China, the commodity market competitive environment, the relevant goods packaging decoration cases gradually increased. As a result, commodity market is in urgent need of legal regulation, combining with the actual situation of commodity packaging decoration. The rights and interests of commodity packaging decoration attribution and its location haven’t been discussed in the intellectual property rights, or treated as a unique right to make a clear definition and protection.The paper studies outside some relatively mature legislative and judicial regulation, analysis outside in commodity packaging decoration how it is protected by the laws of the legal aspects, by comparing commodity packaging decoration of intellectual property law summarized and reviewed, extracting which legal system is our country can learn,commodity packaging decoration are obtained in positioning the judgment standard of intellectual property rights. Review the current law of commodity packaging decoration localization of different theories and criticism, including patent, copyright, trademark and anti-unfair competition law and regulation, the combination of commodity packaging decoration to the study of the theory of the intellectual property rights, it is concluded that commodity packaging decoration as the object of intellectual property as the conclusion.Of commodity packaging decoration in our country at the present time caused by the imperfect rights conflict, proposes the corresponding perfect Suggestions, including commodity packaging decoration is given priority to with general intellectual property rights of intellectual property legal protection mechanism,thus for commodity packaging decoration in the face of the development of economy and the prosperity of commodity market reality problems, provide legal protection mechanism. |
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