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The Thinking Of The Legal Nature Of The Well-known Commodity Packaging Decoration

Posted on:2014-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:L Y JuFull Text:PDF
GTID:2256330425963657Subject:Law
Abstract/Summary:PDF Full Text Request
Even though the the case of the China’s first brand "wang lao ji" has been outcome,but the disputs between the JDB group and GuangYao Group do not end. The disputes between the parties transferred from the ownership of the trademark to the unique packaging decoration and this has become a social hot spot in this year’s.As we all know,the Packaging and decoration is very important to operators.Commodity packaging decoration is a main way to create product images, promote the sale of goods, develop the market, is the wealth of the operator, is also a clear sign of the goods and others.The reason why the known goods packaging and decorating caused so much controversy is its own special attributes, when it is in accord with relevant condition, it can be respectively by copyright, patent law, trademark law and anti-unfair competition law, but when the specific dispute occurs,the rights of various protective pathways in the protection process often overlaped, as well as the different forms of intellectual property, and how to coordinate them is a problem-solving focus.what can be the most timely and effective way to protective packaging and decoration is still a difficult problem to solve. So, first of all, we must coordinate the rights, and the premise is to balance the interests between the different intellectual property rights, this balance is completely focused on packaging and decoration, the subjects first completed the propertybalance between different intellectual of interests. Secondly, after balancing the interests of all parties, the topics proposed on the new qualitative of packaging and decoration, onlycompleted this can we better deal with the controversies related to the packaging and decoration,and to correctly, comprehensive treat the packaging and decoration. Finally, after the qualitative made to packaging and decorating.the attribution of the packaging and decoration is the problem we must solve, in the end who owns the packaging and decoration, what is the starting point and settled point. to resolve disputes.The article start from the case of hot spots "Wang lao ji", and basis on the defined of the well-known commodity and packaging and decoration, and focuse on the analysis of the independence of the well-known commodity packaging and decoration, and then discusses the legal nature of packaging decoration and equity ownership, in order to make a clear definition of packaging decoration,and to better solve the disputes existing in reality, to better guide the practice...
Keywords/Search Tags:Well-known goods, Packaging decoration, Independence, Legal nature, Rights belong to
PDF Full Text Request
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