The Analysis On The Case Of Package And Decoration On "the Red Cans" Between Guang Yao And Jia Duobao

The case of package and decoration between GuangYao and JiaDuobao has attracted widespread attention. More and more people begin to pay attention to the protection of package and decoration on famous commodity.Through this case, it reflects the hysteresis in protect of law in the market economy. Faced with the increasingly fierce competition, the protection of the particular package and decoration on the famous commodity is overlapped in different law, such as trademark law, anti-unfair competition law and patent law. In our country,only the peculiar to the famous commodity,which has the significant difference among others'package and decoration would obtain the protection of the anti-unfair competition law. How to define the rights of package and decoration among different related ownership and whether or not the package and decoration has no independence to adhere to the registered trademark, the law have no rules.And when disputes appear,how to choose the right law to counter plead and whether the subject of right can rely on priority rights to against the registered trademark owner. Our country have not make a clear regulation on the ownership of the package and decoration particular to the famous commodity,most of the rules are ambiguous and broad,bringing enormous difficulty for reality. Combined with the fierce market competition,some new problems and situations appear constantly, it bring big challenges for the protection of package and decoration particular on famous commodity.Faced with so many problems,it go ill with the protection of rights and fair competition environment. The analysis on the case of package and decoration on "the red cans "between Guang Yao and Jia Duobao follows three issues:(1) the cognizance of well-known goods; (2) whether the particular package and decoration on the famous commodity is separable from trademark, when Guang Yao take back the registered trademark, whether it also has the rights to obtain the package and decoration on the famous commodity; (3)when Guang Yao take back the registered trademark, as the designer of the decoration whether or not Jia Duobao has rights to obtain the usage rights rely on prior user rights.On the basis of interpretation and analysis of the case,sum up the priority rights on the particular package and decoration on the famous commodity through the regulations on the trademark law and patent law. Based on the system, we can analyze ownership of this case.According to the different use time of packaging decoration onthe famous commodity among related subjects and whether they play a role in the process on the formation of the decoration's significant influence.Jia Duobao did not infringe upon Guang Yao's right.Jia Duobao should obtain the rights to continue to use the "red pot". Finally, in view of the status of legal protection to the particular package and decoration on the famous commodity,we can draw on the lessons of the provisions of the rules in America's trade dress and the principle in Japan which affirm the attribution by its contribution. So perfecting the legal protection system on the particular package and decoration of famous commodity.The development of package and decoration peculiar to the famous commodity have far-reaching influence on the theory construction and complete system of intellectual property rights and against unfair competition. Is very urgent and necessary to constantly improve the system of the package and decoration particular to famous commodity existing and strengthen the legal protection.