Legal Protection And Legislation Mode For Trade Dress

Trade Dress is a kind of new intellectual property concept initially created by Supreme Court of U.S during the judicial practices to meet the development of social economy, which now has been defined as the complex of all the factors related to the commercial packages and services. All these factors have coined and delivered an integrated vision to consumers, as a kind of trademark or symbol to identify the resources of commodities which enjoys proprietary legal title.All these distinguishable Trade Dress may enjoy the recognition and protection among many developed countries such as England, Europe, USA, Canada, Australia, Singapore and Japan. The current Chinese IP laws may provide protection, however, such protection is not systemically complete for the social development. Now, this has become the common sense among the scholars that Anti-Unfair Competition Law is the best solution to protection of Trade Dress, as the efficient supplement to the traditional intellectual property legal system. Although is enrolled into the scope of legal protection, Trade Dress has specific preconditions and judgment on its acknowledgement, and may implicate some infringement existing. The principle of infringement remedy shall be monetary compensation, and restitution as the exceptions.In this paper, it describes the basic definitions and types of Trade Dress, the reason why Trade Dress can be one of the intellectual property rights and the method how to protect it, and introduces the contents of Trade Dress in details. Meanwhile, through invoking the history and current evolution of those developed countries such as England, U.S, civil law countries and our neighbor, Japan, and comparison with current legal regulations in China, this paper has definitely explained the insufficiency of legal protection correspondingly. Moreover, has delivered the principles of legal protection and graphically outlined efforts to grasp, through the description of the objective conditions and practice forms of infringement.Finally, this paper discusses how to choose and establish Anti-Unfair Competition Law to build up and protection the legal construction for protection, and further recognize the basic requirement of such protection, such as functionality, conspicuousness and confusion among the consumers. In addition, this paper has set forth the infringement and relief of Trade Dress, to bring the expectation and prospect to the improvement and development of concerning laws.