Identification And Protection Of Unique Name And Decoration Of Famous Goods

In the knowledge economy era, the specific names of produces and the decorations are the symbol of famous goods. Their unique and important legal status are increasingly recognized by people. They can highlight the uniqueness of enterprise products and they themselves are valuable.Some bad market practitioners who only pursue interests produce and sell the similar goods or the products with similar packings without the authorization of their right holders. Because of this, our country have issued a series of laws, regulations and judicial interpretations to protect the enterprise’s specific name of produces and the unique decorations name. However, there are many difficulties in practice. Such as whether they are well-known, the name of the commodities and whether the decorations and the names are peculiar etc.So in this article, I depth analysis some issues coming from the Shanghai Yixiang cultural item Limited company(hereinafter referred to as Yixiang company) and Shanghai PABLO cultural item Limited company(hereinafter referred to as PABLO company) who are unauthorized to use the famous goods’ packings and decorations.The first part of the thesis is the case introduction and the focal controversies.The second part of the thesis is the identification of the famous goods. In this part, I introduces the definition of famous goods and analysis the relevant laws and regulations in depth.I argue that the identification of the famous goods must return to the legislative spirit and meaning,anti-unfair competition law to prevent confusion or mistakes which have identification and lists a number of factors. The judge should be combined with the specific case carefully.The third part is the identification of the specific name and decoration of the famous goods.In this part, I introduces the concept of name, packaging and related laws and regulations. I think that the name of the commodities and the decoration characteristic of goods must be well-known,priority of use, a significant difference, non-functional aspects such as in-depth analysis.The fourth part is the protection of the specific name and the decoration of well-known goods.In this part, I introduced our country’s relative laws, regulations and international conventions, the relevant provisions of the United States, Japan and Germany. Based on national conditions, draw lessons from foreign advanced experience, to perfect the system of legal protection in our country and puts forward several suggestions.