| The specific packaging, decoration of well-known goods as a business logo for eachenterprise is particularly important. Because good packaging and decoration can not onlydirectly stimulate the consumers’ desire to buy, but also decide the grade of the class of thegoods and the grade of consumers. Commodity competition, to a great extent,is thecompetition of packaging and decoration. Therefore, it is impossible to escape the fate of thecopied for the specific packaging, decoration of well-known goods. Counterfeiters are alwaystrying to take the lift of well-known companies and make their commodity packaging,decoration similar to a well-known commodity packaging or decoration, in order to expandmarket share and seek illegitimate interests, which not only damage the legitimate interests ofthe obliges and the infringement of the interests of the consumers, but disturb the normalmarket competition order. So, it is particularly important to make a research on this issue.The legal protections of well-known goods’ packaging and decoration are mainlyspecified by "anti-unfair competition law" article5item2and surrounding the provision ofjudicial interpretation. In many judicial cases, however, the defects of these provisions areexposed gradually. Therefore, this paper will probe the specific packaging, decoration ofwell-known goods protection by the"red pot contention"between WANGLAOJI andJIADUOBAO.This paper, in addition to the introduction, is divided into six parts altogether.The first part is the introduction of cases. It mainly introduces the"red potcontention"between WANGLAOJI and JIADUOBAO as well as the focus of the main dispute,which is also the main content the present paper discussed. The second part is thewell-known goods accounting. This part will demonstrate that well-known goods in this caseis red pot of herbal tea produced by Mr Wang Zebang top-secret formula, through theintroduction of the definition of well-known goods as well as the standard of well-knowngoods. The third part is the separation of peculiar to well-known goods packaging, packagingand trademark. This part, through the introduction of the concept of peculiar to well-knowngoods packaging, packaging and its difference with the trademark, demonstrates the peculiarto well-known goods packaging, packaging and trademark can be separated,"WANGLAOJI"brand is obtained with the red cans packaging belong to broadly medicine group and add the conclusion of the stupa. The fourth part, peculiar to well-known goods packaging, packaginglegal protection present situation of the abroad. This part introduces China’s neighbors SouthKorea and Japan respectively for peculiar to well-known goods packaging, packaging legalprotection present situation, as well as the enlightenment to our country. The fifth part is theadvices to protect our country peculiar well-known goods packaging and decoration. One is tofollow the principle of well-known goods accounting,the other is that enterprises shouldenhance the awareness of the protection of intellectual property rights, in order to reduceunnecessary disputes and improve the enterprise’s core competitiveness. The sixth part isconclusion. |
