| In China’s legal system,the legal protection system of commodity packaging and decoration has undergone a process of development from scratch.Today,this system has been gradually improved with the continuous development of the times.Despite the implementation of the new Anti-Unfair Competition Law in 2018,there are still some imperfections in the relevant provisions of the Law on the protection of packaging and decoration of commodity names,which need to be further studied and discussed in detail.To solve this problem is not only the urgent desire of academic circles,but also the common aspiration of judicial practitioners.Improving the legal system for the protection of packaging and decoration of commodity names is not only the need to safeguard the legitimate rights and interests of business operators and stop counterfeiting,but also the need to develop the national economy and maintain orderly competition in the market.Starting from the development and perfection of the packaging and decoration of commodity names,this paper probes into the identification and perfection of the concept of packaging and decoration of commodity names with certain influence in the basic theory of anti-unfair competition law,and discusses some basic theoretical issues related to it,trying to strengthen and perfect the kind of business in the Anti-unfair Competition Law for our country.In the aspect of legislative protection of product name packaging and decoration,it provides some theoretical and legislative suggestions for reference..This paper is divided into six parts,in addition to the preface and conclusion,there are four chapters.The first chapter is the basic theory of legal protection of commodity name packaging and decoration.It mainly includes the concept discrimination of commodity name packaging and decoration,the theoretical principles of commodity name packaging and decoration,the analysis of anti-dilution protection and the necessity of legal protection of commodity name packaging and decoration.The second chapter is the analysis of the current legislative situation of the legal protection system for the packaging and decoration of commodity names in China,including the current legislative situation of the legal protection system for the packaging and decoration of commodity names in China,the relevant provisions of the "certain impact" of the law on the packaging and decoration of commodity namesin China,and the analysis of the existing problems of the legal protection system for the packaging and decoration of commodity names in China.The third chapter is about the legal protection system of international conventions and typical countries on the packaging and decoration of commodity names.It mainly includes the legal protection system of international conventions on the packaging and decoration of commodity names,the legal protection system of typical countries on the packaging and decoration of commodity names,the enlightenment and reference of international conventions and the legal system of packaging and decoration of commodity names in typical countries.Chapter IV is the reflection on perfecting the legal protection system of packaging and decoration of commodity names in China.It mainly includes perfecting the relevant concepts and judgment standards in the law,defining the identification of packaging and decoration of commodity names,expanding the scope of unfair competition subjects,and perfecting legal liability. |
