The Case Legal Analysis Of Packaging And Decoration Of Jia Duobao And Wang Laoii

At present,China is in the crucial period of economic transition,lack of business ethics lead to a lack of integrity management behavior appear often.The case of packaging infringement of red canned of herbal tea between Jia Duobao and Guangzhou Phannaceutical Group is the typical representative.Since 2008,the interaction case between Jia Duobao and Guangzhou Phannaceutical Group has caused a huge social influence,and the case was referred as "the first case of Chinese packaging and decoration”.The essence of the competition between the two company is the judgment of the right of packaging and decoration and its relationship with trademark right.I will be in the text to start a detailed discussion,carry out in-depth analysis and discussion.It is hoped that through the research of this article,it will promote the perfection of legal protection measures,provide guidance for the combination of theoretical study and practical needs.This paper is divided into five chapters:The first chapter is a brief introduction of the case,mainly introduction the background of the case and led to the infringement dispute case of packaging and decoration of red canned herbal tea.The second chapter introduces the views of both parties involved and scholars around the disputes in this case: the identification of the well-known commodities involved,the attribution of the right of the packaging and decoration of red canned herbal tea,if it can be separated from the trademarkThe third chapter is the analysis of the difficult problems in this case,which is the focus of this thesis.This chapter mainly includes: three controversial issues as described in chapter two,the relationship between commodity and product identification and legal protection of commodity marking.The fourth chapter introduces the relevant legal provisions of the representative countries abroad,and summarizes the beneficial experiences and lessons from it.The fifth chapter is to express the author's point of view,put forward the decision of the case,at the same time,aiming at the inspiration from the case,this paper puts forward some suggestions on perfecting the legal system in China.