| Although "commodity decoration with certain influence" is protected by the "Anti-Unfair Competition Law".Its function is similar to the registered trademark in the "Trademark Law".Both have the role of carrying the reputation of the goods and distinguishing the origin of the goods.With the continuous development of marketization,infringement cases of "commodity decoration with certain influence" have emerged one after another.Competitors in the same industry use illegitimate means such as imitation and counterfeiting to cling to the business reputation of others and dilute the popularity of others’ products.This kind of unfair competition not only harms the interests of the previous commodity decoration producers,but also infringes the legitimate rights and interests of consumers.The revised of "Anti-Unfair Competition Law" replaces "the special decoration of well-known commodities" in the original provisions with "the decoration o f commodities with certain influence".Lowering the protection threshold of the "Anti-Unfair Competition Law" and expanding the scope of protection for producers of commodity decoration.The revised "Anti-Unfair Competition Law" has only been implemented for three years,and there are still some problems in the judicial determination of infringement of "commodity decoration with certain influence".Before the amendment,the judicial interpretations and regulations to protect the "special decoration of well-known commodities" are still inconclusive.In the absence of complete legislation,there have been many disputes over the judicial determination of the previous "commodity decoration with a certain influence" infringement of a registered trademark.Whether to use the "Trademark Law" or the "Anti-Unfair Competition Law" to judge cases of conflicts between registered trademarks and previous commodity decoration rights,the law has not made clear stipulate.This thesis first defines the infringement elements o f the previous "commodity decoration with a certain influence" infringement of a registered trademark,and clarifies the standards of each element in the case of product decoration infringement.Secondly,after the amendment of the "Anti-Unfair Competition Law",the status quo of judicial determination of cases of infringeme nt of commodity decoration in China has been investigated.By analyzing the infringement elements of infringement of "commodity decoration with certain influence",it will be clear that the judicial practice has the status quo and existing problems of judicial determination of infringement cases of "commodity decoration with certain influence" in China.Thirdly,by analyzing the protection syste ms for commodity decoration in C ivil Law countries and Common Law countries,it seeks extraterritorial experience in order to improve the judicial determination of previous "commodity decoration with a certain influence" infringement of registered trademarks.Finally,this thesis believes that,on the one hand,it is necessary to further improve the identification standards of "has a certain influence" and "confusion".On the other hand,when dealing with the case of infringement of registered trademarks on the previous "commodity decoration with certain influence",the "Anti-Unfair Competition Law" is used to deal with the infringement determination.Procedural issues are based on the application of the "Trademark Law," supplemented by the "Anti-Unfair Competition Law". |
