On The Attribution Of Legal Interests Of Commodity Packaging And Decoration

Although the provisions of the Anti-unfair Competition Law on the protection of commodity decoration are very concise,there are many disputes in the academic circles about how to determine the ownership of the legal interests of commodity packaging decoration.People usually analyze it from the angle of contribution to goodwill,fairness and justice,and consumer's cognition.This paper holds that the contribution to goodwill cannot determine the ownership of the legal interests of commodity decoration.It neglects the legal relationship between the parties.On this basis,the establishment of fairness and justice is just a simple concept.Consumer perception can't determine the ownership of the legal interests of commodity decoration.Although consumer perception plays an important role in trademark law and anti-unfair competition law,it can't be based on consumer perception in the attribution of the legal interests of commodity decoration.It does not conform to the basic theory of intellectual property law and will cause the instability of ownership.The attribution of the legal interests of commodity decoration still needs to be found from the causes of the legal interests,that is,the legal interests of commodity decoration are generated through "use".This kind of use has two levels,that is,the use of identifying meaning in commercial activities and the use of identifying meaning and controlling power in commercial activities.When two kinds of "use" coexist,the legal interests of commodity decoration should belong to the subject of using which has controlling power.