The Study Of Commodity Packaging And Decoration Under Intelligent Property Law

At present, the rights and interests of China’s commodity packaging and decoration are not clearly defined as a legal right, but as a kind of legal protection, through the existing trademark law, patent law, copyright law and anti unfair competition law to provide a certain degree of protection. Owing to different protection standards and purposes of the protection of commodity packaging and decoration,the phenomenon of duplication and blank is also present, which leads to encounter many difficulties in the judicial practice of the protection of commodity packaging decoration, is not conducive to protecting the legitimate rights and interests of businesses and consumers, is not conducive to improving the competitiveness of China’s enterprises. The mature legal system can improve the national power, and create a good objective environment for the country and the enterprise to gain the competitive advantage over the world.Therefore, it is necessary to study the protection of intellectual property rights of China’s commodity packaging and decoration, and to improve and perfect the relevant legal system.In this paper, we use the method of concept analysis, comparative analysis, case analysis, value analysis and other research methods, focus on the protection of intellectual property rights protection from multiple perspectives, through the analysis of some domestic and foreign famous cases, learn from foreign advanced experience, combined with China’s current legislative situation, to seek a suitable protectiong mode for China’s basic national conditions. This thesis includes three parts:introduction, text and conclusion. The main text is four chapters. The first chapter systematically expounds the concept, the legal nature and the protection significance of the commodity packaging decoration, thus the research object of this paper is clear. The second chapter, from the perspective of copyright law, patent law, trademark law and anti unfair competition law, explains the protection of the intellectual property rights of China’s commodity packaging decoration, and analyzes the existing problems in the protection of intellectual property rights in China. In the third chapter, the protection mode of the intellectual property right of the commodity packaging and decoration in the main countries of the common law system and civil law system is analyzed. The fourth chapter is the core of this article, the author introduces and analyzes some viewpoints on the protection of intellectual property right in the domestic academic circles, and puts forward some suggestions on how to improve the protection mode and solve the conflicts of intellectual property rights.