The Analysis Of Anti Unfair Competition Law About "Wang Lao Ji And JDB Red Cans Decoration Case"

With the prosperity of the market economy, many new legal issues are emerging. "Packaging and decoration" as an intangible asset, is achieved unprecedented attention.Within the framework of the existing legal, "Packaging and decorating" rights and interests are protected by the Anti Unfair Competition Law. However,lacking of specific interpretation, The relevant provisions can not solve some potential legal problems effectively.The packaging and decoration cases, mostly be regarded as counterfeiting in traditional justice cases.However, "Wang Lao Ji and JDB red cans decoration case","China first case of packaging and decoration ”, has many challenging and novelty. December 19, 2014, the Guangdong Provincial High Court decided this case,but Wong Lao Ji and JDB both did not accept the judgment and continue to appeal.June 16, 2015, the Supreme Court heard the case and not sentence. This knotty and typical case has a lot essence to be insight. In this case, the crux is who owns the rights and interests of packaging and decorating. On the one hand,As lacking of accurate interpretation in existing laws, this case can not be settled. On the other hand,” “only packaging and decoration attached to the well-known commodity shall be protected” in the Anti Unfair Competition Law, which makes identification procedures of equity attributable complex and cumbersome.The dispute in this case can be summarized as the following four points:what is a well-known commodity; what is the nature of the packaging and decoration; What does the carrier identification of packaging and decoration attache to; who owns interests of packaging and decorating. The paper is based on this four points and consists of three parts, the first part is the case profile, briefly introduce the ins and outs of the case and comment first instance verdict; the second part is the core of this paper, analyze the main controversy points, then appraise these points, the third part is the sublimation, proposing effective solutions to similar problems in the future. In conclusion, the paper deems that "packaging and decoration" should detach from the registration of well-known commodity and get a separate legal status. At the same time, reinterpret ate "prior use" principle and make it applicable effectively, aiming to justice identify the interests of "packaging and decoration".