On The Legal Nature Of Commodity - Specific Packaging And Decoration

The "Red Tank Battle" between JDB and Guangzhou Pharmaceutical Group Company has triggered a fierce discussion among domestic intellectual property experts and scholars on the commodity specific packaging and decorating problems. However, these discussions have not come to a unified conclusion about the legal nature of specific packaging and decorating of commodity. In the juridical practice, it is also very hard to judge this kind of cases. The essay will try to analyze and illustrate its legal nature in a special way from the case, observing it in multiple points of views, and use different methods to state it.The first part of this essay will introduce the "Red Tank Battle" case, in order to lead to the research object-the specific packaging and decorating of commodity, and propose how to find its legal nature. From the second part, the author will start discussing the specific problems. In this part, the first objective is to analyze the definition of specific packaging and decorating commodity, including the three key words’definitions: "specific", "packaging" and "decorating", trying to explain their ordinary meanings in life. And then, according to part of the laws, this part will find their meanings in law and reveal the uniqueness of specific packaging and decorating of commodity. In the third part, the author will introduce the argument about the legal nature above in educational circles. This part is also going to make use of two point of views in theory:the nature of right and interest in law and the theory of distinction between right and interest, to find the accurate nature of specific packaging and decorating of commodity in law. According to the third part, the fourth will discuss more about its nature and try to compare with other kinds of rights in intellectual property law. After that, the fifth part is all about the relevant study in foreign countries, and it is called that "stones from other hills may serve to polish the jade of this one". By studying the foreign research achievements, we will know more about the specific packaging and decorating of commodity. As the research goes here, the author can make the conclusion of this essay:the specific packaging and decorating of commodity should be an independent right in intellectual property law, and it should have the same status of law comparing with other kinds of rights like trademark right, patent right or copyright, and be protected by laws. In the final part, within the fundamental research achievements in former parts, the author will analyze the conditions that specific packaging and decorating of commodity should be protected by legislations as an independent right, and propose some reasonable suggestions, hoping that this research will help solve the legislative and judicial dilemma in the areas in our country.