Identification And Protection Of Rights And Interests For The Packaging And Decoration Of Goods With Certain Influence

The Anti-Unfair Competition Law,which was amended on November 4,2017,revised the description of the packaging and decoration peculiar to well-known goods in the Anti-Unfair Competition Law of 1993 into the packaging and decoration of goods with certain influence.Among them,“well-known goods” was changed into“goods with certain influence",and the words "peculiar to" were deleted.This change is a significant adjustment to the name of commercial signs protected by the Anti-Unfair Competition Law,which is more in line with the practice demand and public awareness protected by the rights and interests.The packaging or decoration of goods with certain influence are mainly protected by the Anti-Unfair Competition Law.However,since the rights and interests are closely related to the trademark right,the patent right and the copyright of artwork,they can also be protected by the Trademark Law,the Patent Law and the Copyright Law to a certain extent.Based on the previous research results on the packaging and decoration peculiar to well-known goods,this paper intends to make a further in-depth analysis on identification and protection of the rights and interests of the packaging or decoration of goods with certain influence.This paper is divided into five chapters,the key part of which is focused on the third,fourth and fifth chapters.These three chapters are aimed at the analysis of the second chapter for the insufficiency of the legal protection of the rights and interests of the packaging or decoration of goods with certain influence.Among them,the third chapter introduces the identification of the packaging or decoration of goods with certain influence and analyzes from the conditions and institutions of identification respectively.In terms of the conditions of identification,it is proposed that,on one hand,the identification of “goods with certain influence”should be based on individual cases and combined with time,region and influence,and on the other hand,the identification of “the packaging or decoration” should meet the requirement of “peculiarity” and identify in originality,non-commonality and strong significance.In terms of the institutions of identification,it is proposed that the cases should be determined by the people's courts at the intermediate level or above.The fourth chapter presents that the packing or decoration of goods with certain influence is not right but right and interest by comparing the trademark rights,and introduces that the main content of the right and interest is the prohibition of use.Secondly,it analyzes the three principles of the identification of the ownership of packaging or decoration of goods with certain influence through the classic case of “red tank battle" between Guangzhou Pharmaceutical Group and JiaDuoBao.In the fifth chapter,the author puts forward to improve the identification standards of the packaging or decoration of goods with certain influence in legislation and judicature separately.The author puts forward some specific standards based on her years of practical experiences,including setting up the numerical reference for the identification of goods with certain influence,combining with the development of economic diversification and listing the various forms of evidence,and paying attention to the likelihood of confusion and introducing the anti-dilution principle similar to the well-known trademark.