The Case Analysis Of Package And Decoration Of JDB And Wang Lao Ji

After the reformation and opening up, with economic development, and commodity markets have become increasingly prosperous, competition of markets are more and more fierce and competitive pressure is also growing. There are a lot of companies use product packaging and decoration of someone else to decorate their goods to make consumers confuse to achieve their own ends for their own survival. In order to effectively curb the behavior of such well-known counterfeit goods,,"Anti-Unfair Competition Law" provide such acts of unfair competition in our country. But provisions of the Act are broad, the provisions of the details are not well reflected. At the same time, the market is complex, counterfeiting is varied. Each case occurred on the market has its own particularity.The case of JDB and Wang Lao Ji is also no exception.The case is different for misconduct of counterfeit goods packaging and decoration. The particularity of this case lies in the unique product packaging and decoration of famous attribution is not clear. To identify who constitute infringement, we must firstly determine the ownership of packaging and decoration,and involve issues of the relationship between packaging and decoration and trademarks.The case was referred to as "First Case of Chinese Packaging and Decoration ".The study of the case has important practical value and practical significance.There are three chapters in the paper:The first chapter is brief introduction of the case and controversial issues. It mainly introduction the background of the both parties.The second chapter is the legal analysis,and it is also the key of this paper.It mainly discusses the well-known commodity and its finds and discusses what is right and its unique packaging and decoration packaging and decorating right relationship with the well-known trademarks.The third chapter is some ideas about how to affirm the infringement. Depend on conservation status of packaging and decoration of the well-know commodity, I put forward some proposals.