Discussion On The Anti-unfair Competition Protection Of Commodity Packaging And Decoration

In the market competition,the packaging and decoration of commodity has the function of identifying the source of commodity,carrying the goodwill of the operators,and can bring great competitive advantages to the operators.Therefore,the legal protection of the packaging and decoration of commodity is very important.In order to adapt to the changes and development of the social economy,the Anti-Unfair Competition Law of China was revised for the first time in 2017.How to apply the Anti-Unfair Competition Law to protect the packaging and decoration of commodity is a focus problem that has been controversial in academic circles and judicial practice in a long time.This paper mainly uses case analysis,comparative analysis,literature analysis and other methods for research and writing.The full text is divided into three parts:introduction,body and conclusion.Among them,the body part is divided into three chapters.Chapter One analyzes the legal object of the packaging and decoration of commodity,discusses the attribute orientation of the legal protection claim,and demonstrates the necessity and legitimacy of adopting the Anti-Unfair Competition Law to protect the packaging and decoration of commodity from multiple angles,so as to clarify the basis to protect the packaging and decoration of commodity.Under the current system of the Anti-Unfair Competition Law,Chapter Two discusses the confusion conditions and consequence conditions of the requirements of Article 6 of the current Anti-Unfair Competition Law to protect the packaging and decoration of commodity,and explores the remedies and legal responsibilities for infringement of the legal interest of the packaging and decoration of commodity.Starting from the comparative analysis of the provisions of the relevant provisions before and after the revision of the Anti-Unfair Competition Law,Chapter Three points out the shortcomings of Article 6 of the current Anti-Unfair Competition Law and puts forward its own perfect suggestions.