| The Anti-Unfair Competition Law promulgated in 1993 was revised at the 30 th meeting of the Standing Committee of the 12 th National People’s Congress on November 4,2017,and was officially implemented on January 1,2018.This revision replaces the previous “well-known goods” with “some influence”.This expands the scope of protection of the packaging and decoration of goods,reducing the threshold of infringement.However,China’s existing laws still have insufficient protection for the packaging and decoration of goods.There are problems such as the lack of perfection of the principle of identification and the complicated path of judicial practice.This article is divided into four chapters.The first is to analyze the relevant theories and concepts that have a certain impact on the packaging and decoration of goods,including: the interpretation of the newly revised meaning of “having a certain influence”,the meaning and nature of packaging and decoration,and the difference between it and its intellectual property such as design and trademark.After that,it is the existing protection mode and existing problems in China,including: the patent law of the packaging and decoration of goods,the copyright law and the protection mode of the anti-unfair competition law,and analyzes the inadequacy of the legal protection of the goods packaging and decoration in China.At the office.Then,in view of the inadequacies of legal protection in China,we can find out the experience that can be learned through the corresponding legal protection system in foreign countries.Finally,we put forward suggestions for solving the above problems,such as introducing the principle of contribution and fairness and increasing the appeal rights of consumers.Design and so on. |