On The Protection Of Trade Dress Against Unfair Competition Law

The term trade dress in the field of intellectual property is a foreign term,and there is currently a consensus that the scope of protection includes the packaging,decoration and overall business image of goods with a unique style.At present,the basis for the legal protection of trade dress in China is the provisions of the Anti-Unfair Competition Law on "packaging and decoration of commodities with certain influence",and the main disputes in it are: "there is a certain impact",how to apply the provisions such as differentiation and confusion in judicial practice? Should the scope of protection of trade dress be expanded? Should the overall business image and product shape of the enterprise be included in the protection of the Anti-Unfair Competition Law? How should trade dress infringement be determined?Through the review of the legislation and precedents of trade dress protection,based on the value orientation and legislative purpose of the Anti-Unfair Competition Law,this paper attempts to clarify the protection mode of the Anti-Unfair Competition Law adopted by trade dress as a special intellectual property object;At the same time,combined with the relevant legislation and practical experience of the extraterritorial anti-unfair competition law to protect trade dress,it is hoped that the "stone of other mountains" will be used to promote the improvement of the protection of trade dress under China’s Anti-Unfair Competition Law.This article considers that it is necessary to follow the principle of equity to reasonably expand the scope of trade dress protection and distinguish the conditions for different forms of trade dress protection;Further clarify the differentiated constituent conditions,reasonably explain the meaning of "has a certain impact",and add non-functional condition considerations to the trade dress of the product shape class;Unify the criteria for determining trade dress infringement,taking the possibility of confusion and confusion as the basic criteria,taking goodwill,false indications,and damages as other considerations for determining trade dress infringement,and considering exceptions to trade dress infringement.