The Research On The Protection Of Well-known Commodity's Unique Package And Decoration

Well-known commodity's unique package and decoration as a very important business logo,has an extremely important role in market competition.It can not only mark the source of the product,but also is important carrier of the goodwill.But because our country legal protection for it starts relatively late,thus resulting in the practice problems.Such as:trating well-known commodity as the premise of unique package and decoration'protection improperly;the scope is too narrow;the principles of rights belonging is imperfect.The case of "red pot" aroused the academic circle's heated discussion.As the first case of packaging and decoration in China,it caused widespread concern in society,at the same time,it has exposed the defects of our legislation,which promotes the amendment process of China's "Anti Unfair Competition Law".The paper is divided into four parts.The first chapter analyses the basic theory of the well-known commodity's unique package and decoration.Mainly discusses the identification standard of the well-known commodity's unique package and decoration.Defining the nature of the well-known commodity's unique package and decoration is the importance of this part.The second chapter analyses the present situation of our country law for protection of the well-known commodity's unique package and decoration and the lack of legal protection.Summarizing the protection of our country intellectual property and the anti-unfair competition law to the well-known commodity's unique package and decoration.Analysing the lack of legal protection in our country:the well-known goods is the precondition of protection of rights and interests of unique package and decoration;the principles of recognizing the specific packaging,decoration of well-known goods are imperfect.The main content of the third chapter tries to analyse the influence of foreign legal protection of the well-known commodity's unique package and decoration,as representative of American and Japan.Hoping to find inspiration for the perfection of law in China.The fourth chapter puts forward the following suggestions for the legal protection of our country:removing the binding of well-known commodity and unique package and decoration;the introduction of the concept of "business logo";the introduction of the principle of contribution and the principle of fairness;through the usage license of the well-known commodity's unique package and decoration to seek cooperation.