| July 2012 "red cans" dispute in the Guangdong Provincial Higher People's Court filing,May 15,2013,known as "China's packaging and decorating the first case," Wong Lo Kat and JDB herbal tea "red pot" decoration dispute in Guangdong Provincial Supreme People's Court trial,the court on December 19,2014 to make the first instance verdict,The case experienced a total of 896 days,The court final verdict the "red cans" of herbal tea unique packaging and decorating the right which belong to the Guangzhou Pharmaceutical Group.JDB herbal tea packing and decoration has constituted a violation of the Guangzhou Pharmaceutical Group.In the case of the trial,the two sides on the what is well-known goods,Wong Lo Kat trademark and the case of the unique red cans packaging and decoration can be separated,the unique packaging and decoration rights attribution and the economic losses caused by the focus of a long time argument.Many scholars on the verdict of expressed doubts,Which for our well-known commodity-specific packaging and decoration rights left a profound legal revelation..This paper is divided into three parts.the first part is introduced the case,And listed the court decision results,the basis of the decision,which led to the case of the three controversial focus.the second part focus on the controversy to analyze,.In this part,the author first define well-known commodity of the case;and secondly the " red jar" packaging and decorating the specificity of the definition;and then analyze separability between the "red jar" packaging and decoration and Wong Lo Kat trademark;And finally come to the case of well-known commodity-specific packaging and decoration rights should be attributed to the JDB company.the third part,The article will be based on China's well-known commodity unique packaging and decoration of the legal status quo and inadequate,Put forward rationalization proposals to protect China's well-known commodity unique packaging and decoration. |
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