| This thesis takes the case of Wong Lo Kat packaging and decoration as an example to discuss the problem of the ownership of packaging and decoration of famous products, which generated in the period of trademark license. Specifically, when it mainly due to the efforts of the licensee(JDB),whom will it belongs to, after the termination of the trademark license.In addition to the introduction, this thesis is divided into three parts, as follows:The first part of this article is the summary of the case, which provides a brief overview of the case and the main opinions of the parties. On this basis, we draw up the focus of the dispute: Firstly, what is the well-known product in this case? Secondly, could packaging of well-known goods be separated from trademark? Thirdly, who has the ownership of the "red cans". Fourthly, does the GPHL producing herbal tea in red cans packaging constitute unfair competition?The second part of this thesis begins to analyze the focus of the dispute. In the process of identification of famous products, we can draw that the JDB herbal tea in red cans is the real famous product of this case from related facts and theory. Secondly, we conclude that "the red cans" is unique packaging because of its special feature. Then we come out that the unique packaging and trademarks of well-known goods can be separated from each other in aspects of purpose, protection and consumer. Thirdly, JDB as the first user of the packaging, obtain the "red cans" properly, following the principle that competition benefits attributed to the operator, the principle of fairness and the consumer interests. GPHL using of similar Packaging makes public confused and constitute of unfair competition.The third part is about the analysis on the judgment of the case and then I put forward some relevant suggestions for the problem. As JDB fails to maintain its own rights and interests, this thesis makes some suggestions for prevention and suggests using the principle of balance of the interests to guide judicial activities. |
