Analysis Of Wong Lo Kat And JDB Packaging Design Case

Packaging decoration case between Wong Lo Kat and Jiaduobao was another social concern after the fight for the trademark "Wong Lo Kat" between Guangzhou Pharmaceutical Holdings Limited and Hong Kong Hung To Group Co., Ltd in 2012. In China, existing laws fail to make comprehensive and systematic provisions for packaging decoration right. In present legal system, packaging decoration right is only a legal benefit of renowned trademark, whose protection can only rely on the citation of relevant articles in the Law of the People's Republic of China against Unfair Competition. Guangzhou Pharmaceutical Holdings Limited was awarded packaging decoration right of red can by Guangdong Higher People's Court in the first instance. Though Jiaduobao has lodged an appeal and the Supreme People's Court has heard the case, no judgment has been pronounced in court. As a result, there has been a controversy about the ownership of red can's packaging decoration right in legal community. The study on this case is of great theoretical and practical significance to judging the ownership of well-known commodity's packaging decoration right.Firstly, this paper gives a detailed introduction to the packaging decoration right case between Wong Lo Kat and Jiaduobao as well as summarizes the controversies of the case about what the well-known commodity is in this case and who enjoys the packaging decoration right of red can. Subsequently, this paper performs an analysis on these two controversies in combination with China's legal theory. First, emphasis is placed on how to define well-known commodity. According to the requirements of well-known commodity and relevant case facts, a conclusion that Wong Lo Kat herbal tea is the well-known commodity in this case is drawn. Afterwards, the factors influencing the definition of packaging decoration as well as the problems like whether packaging decoration of well-known commodity can be separated from well-known commodity and the comparison between packaging decoration and trademark are emphatically analyzed to judge the ownership of packaging decoration right in the case. The judgment is made based on a method called "two steps", in addition, the packaging decoration has got the design patent, therefore, the red can's packaging decoration right should be vested in Jiaduobao. Finally, an overall and systematic conclusion on this case has been reached according to previous comprehensive analyses, that is the the judgment by the court in the first instance is wrong.