Research On The Protection Of The Special Packaging And Decoration Of Well-known Goods In Competition Law

In recent years,cases of domestic infringement of the special packaging and decoration of well-known goods have long been common.There are many different opinions on dealings of these cases,which influenced by discretionary factors,and highlight the problems existing in the protection system of competition law of the special packaging and decoration of well-known goods in China.In the past,the academic circles focused more on the common problems presented in practice,such as the problem of the cognizance of infringement of the special packaging and decoration of well-known goods,which has not been effectively resolved.At the same time,there are problems in other aspects of this protection system to deal with,such as the nature of protection and the definition of the object of protection,the distinction between the protection of the competition law system and other related systems,and the problems caused by the existing two-track protection.Based on above considerations,this article focus on the problems existing in this protection system and puts forward corresponding suggestions on the basis of explaining theories about protection system of the special packaging and decoration of the well-known goods,through organizing related foreign protection systems,combining with present regulations in our country and related cases.Besides the introduction and conclusion,this article mainly includes the following four parts:In the first part,the content mainly involves the relevant theories of the special packaging of well-known goods.This part mainly includes two aspects,and explains academic views about the meanings and cognizance of "well-known goods" and "special packaging and decoration" in turn.In the second part,the content involves organizing of competition law protection system of the special packaging and decoration of well-known goods.Specifically,domestic and foreign protection system of the special packaging and decoration of well-known goods in competition law will be introduced respectively here.The domestic system is divided into three stages of initial establishment,improvement and continuous summing-ups and explorations,and characteristics and shortcomings of systems in each stage will be introduced one by one.And the foreign related system is divided into relatively abstract and relatively specific systems to explain respectively.In the third part,the content will focus on the analysis of problems in protection system of the special packaging and decoration of well-known goods of competition law in China.Specifically,five problems will be analyzed here: the nature of protection system of the special packaging and decoration of well-known goods of competition law hasn't been defined clearly;the object of protection of the special packaging and decoration of well-known goods of competition law hasn't been defined correctly;there are defects in the cognizance of behaviors which violate the special packaging and decoration of well-known goods;protection system of competition law and other related systems haven't been distinguished properly;two-track protection has produced separation and even conflicts in application of regulations.In the fourth part,the content mainly explores countermeasures to improving protection system of the special packaging and decoration of well-known goods of competition law.Aim at problems faced by this protection problem,this part will put forward corresponding suggestions.Specifically,clearly defining the nature of protection of competition law of the special packaging and decoration of the well-known goods,and further clarifying the object of protection.And on this basis,we need to the components of behaviors which violate the specific packaging and decoration of well-known goods timely,and grasp essential distinctions between protection of competition law and other related systems.Finally,it is necessary to strengthen the cooperation mechanism of administrative enforcement and judicial trial under judicial leadership.