Research On Protection Of Rights And Interests Of Special Packaging And Decoration Of Commodities

With the development of market economy in China,the packaging and decoration of various products is no longer simply "beautiful",but has gradually developed into an important means and effective way of competition among enterprises.However,the current domestic packaging and decoration rights and interests have not yet been clearly defined and protected as independent legal rights.So there are cases that can not define the relationship between packaging and decoration rights and trademark rights,such as Wang Laoji case.As far as the right of packaging and decoration is concerned,it is a special right enjoyed by commodities with certain influence in our country.Only by protecting commodities with certain influence first,can the rights and interests of packaging and decoration be further guaranteed.In terms of international legislation,the definition of commodities with certain impact has not yet been unified,but the protection of their logos and so on,has a certain reflection.This article focuses on the introduction of what kind of commodities have a certain impact,as well as its characteristics and specific criteria.It is precisely because of the commodities that have certain influence that the right of packaging and decoration derives.It is a kind of commodity or service identification produced in the market economy environment,which has obvious particularity and difference.In real life,packaging and decoration have already gone beyond the original function,and extended to a deeper level,especially in the aspect of goodwill value.This paper expounds the basic theoretical knowledge of this right,the criteria of discrimination and the relationship with trademarks.Gardobo and Wang Laoji,the two cases of infringement on the packaging of black-pot herbal tea,are essentially disputes about the packaging and decoration rights,and thus derive to the level of goodwill value.Starting from the case and the competition law issues arising therefrom,the article makes a comprehensive discussion around the controversy over the definition of well-known commodities and the ownership of packaging and decoration rights.Through the research and analysis of these problems,this paper elaborates whether the right of commodity packaging and decoration,which has certain influence under the current legislative system,can be perfected to avoid the "red pot dispute" in the market.As a very important trade mark,the unique packaging decoration of commodities with certain influence plays an extremely important role in the market competition.It can not only mark the source of products,beautify products,stimulate consumers’ desire to buy,but also be an important carrier of commodity goodwill.However,there are still some deficiencies in the protection of the existing laws in China,such as inappropriate use of commodities with certain impacts as the premise for the protection of commodity packaging and decoration,too narrow scope of protection,unique packaging of commodities with certain impacts,inadequate principles for determining the ownership of decoration rights and interests,and so on.The controversy between Guangzhou Pharmaceutical Group and Gardobao has aroused heated discussions in the academic circles.The emergence of the "First Case of Chinese Packaging and Decoration" has aroused widespread concern in the society.At the same time,it has exposed the defects in our legislation and promoted the revision process of the Anti-Unfair Competition Law.The main body of the article is based on the following three chapters.The first chapter analyses the basic theory of unique packaging and decoration of commodities,mainly elaborates its meaning,defines its nature,and clarifies its relationship with trademarks.The definition of its nature is the focus of this part.The second chapter is the analysis of the current situation and shortcomings of legal protection in China.This paper summarizes the protection of intellectual property rights and the protection of anti-unfair competition law in China,and analyses the shortcomings of legal protection in China:inappropriate use of commodities that have certain impacts as the premise for protection of commodity packaging decoration;too narrow scope of protection of commodity packaging decoration;inadequate principles for determining the ownership of rights and interests.The third chapter puts forward some suggestions to improve the relevant legal provisions of our country:firstly,to add principled clauses;secondly,to cancel the precondition of having certain impact on commodities";thirdly,to clearly identify the basis and institutions;fourthly,to introduce the principle of contribution and fairness;fifthly,to prevent confusion between trademarks and packaging decoration;and sixth,to introduce commodity specificity.Licensing system for packaging and decoration.