Research On The Protection Of Trade Dress Of China's Trade Mark Law

Trade Dress is the inevitable product of the development of commodity economy and market economy competition. And there are diverse trade dresses nowadays.Due to market economy disorder, the infringement of trade dress become increasingly issued. As a kind of intellectual work, trade dress has practical function, aesthetic function and function of identify the source. Therefore, the protection of trade dress is necessary and feasible both in practice and in theory.In recent years,the cases of trade dress infringement occurred frequen-tly.Therefore,China's Trade Mark Law has not given trade dress a independent legal status. The domestic academic research of trade dress is not systematic,and the definition of trade dress is lack of a unified understanding.The study of the protection of trade dress is often from macro legal level.However as a kind of commodity service sign, protecting trade dress from trade mark law has the legal basis.There is an impotant significance to study on the protection of trade dress from trade mark law,which not only perfect China's Trade Mark Law,but also promote the healthy development of market economy.I have read a large number of related literature, with deep connotation of the concept of trade dress.This paper has analysised the validity of the protection of trade dress through Trade Mark Law and combining with foreign legislation and judicial practice, then put forward suggestion to China's trade dress protection. This paper is divided into four chapters:The first chapter introduces the research background and the significance of research.Then it introduces domestic and international theory development and development trends.The second chapter is an overview of the basic theory of trade dress.First of all, it introduces the concept and the function of trade dress. And then analyze the relationship and differences of trade dress and trade mark. Lastly this chapter outlines the necessity and feasibility of the protection of trade dress.The third chapter analyze foreign legislation and judicial practice experiences.Respectively analyze from the scope and condition of trade dress protection, the infringement standard of trade dress to America,UK, Canada and Gremany. The fourth chapter analyze the status quo of trade dress protection in China.According to the status quo of the protection of trademark law, it put forward pratical problems.Lastly, it put forward conter measures to improve the protection of trade dress protection of China's trade mark law.