Study On Identification Of Well-kown Commodity Specific Packing And Decoration Of Ownership

With the development of market economy, consumers not only concern about the inherent quality of goods but also pay more attention to packaging and personalized decoration and aesthetic feeling. Therefore well-known commodity-specific packaging are more and more important to producers and have the trend of insteading of the trademark. It exists great dispute over the owner of the right of commodity packaging and decoration, due to the uncertain about the regulation. This essay discusses the ture owner for commodity packaging and decoration, taking the combat of Wang Laoji and Jia Duobao's dispute as the example.The essay firstly introduces the combat between Wang Laoji and Jia Duobao, demonstrates the combat key points according to judger's judgment and discuss through the whole article surrounding the combat key points.Secondly, we analyze the connotation of well-known commodity-specificpackaging, judge the belonging of the related “well-known commodity” and specification combing theory and practice and then collect the situation of the protection of well-known commodity-specific packaging under the present Chinese law. Thirdly, in the perspective of comparative law, we research the protection of America and Japan. The American protection puts the effort on commercial appearance while the Japanese protection follows the prior theory.The two basic principle—prior use principle and contribution principle is concluded at the end of the essay. Based on the analysis of the separation of packaging and decoration between trademark, the essay focus on the final belonging of “the red cans ” from three aspects, including the two basic principle and Consumer protection, after the termination of the authorization of usage of “Wang Laoji” Trademark.