What is the protection of the unique packaging and decoration of well-known products?

Well-known products refer to products that have a certain reputation in the market and are known to the relevant public. Such goods may apply for certain protection. The popularity of a trademark requires a certain market. Below, the editor of Legal Savior Network will compile relevant information on the protection of the unique packaging and decoration of well-known products. For everyone to read, I hope it will be helpful to everyone. .

What is the protection of the unique packaging and decoration of well-known products

Well-known products refer to products that have a certain reputation in the market and are Goods that are known to the relevant public. There is currently no unified standard for the identification of well-known commodities, and it can only be left to the discretion of judicial authorities in specific cases. Article 4 of the "Several Provisions on Prohibiting Unfair Competition from Counterfeiting the Unique Names, Packaging, and Decoration of Well-known Goods" promulgated by the State Administration for Industry and Commerce (Order No. 33) explains as follows: The name, packaging, and decoration of goods have been modified by others without authorization. If the same or similar use is enough to cause buyers to misunderstand, the product can be regarded as a well-known product. What is certain is that the identification of well-known goods in infringement is not isolated, but is closely connected with counterfeiting. If counterfeiting does not occur, identifying well-known products is meaningless; if counterfeiting occurs, causing buyers to misunderstand, and failing to identify well-known products, the result can only be that unfair competition in the market is ignored. The packaging and decoration of well-known products reflect the business reputation and product reputation of the operator to a certain extent, and should be strictly and extensively protected by law. The Anti-Unfair Competition Law promulgated in 1993 stipulates that unauthorized use of the unique name, packaging, and decoration of well-known products, or similar names, packaging, and decoration to well-known products, causes confusion with other people's well-known products and confuses buyers. The behavior of mistaking the well-known product for that is an act of unfair competition, which provides a favorable legal basis for protecting the packaging and decoration of well-known products.

Auxiliary objects and containers used on goods; product decoration is the addition of goods or other materials to identify and beautify the goods.The text, patterns, colors and their arrangement and combination attached to the packaging. Product packaging and decoration, like trademarks, are identification marks of goods and fall within the scope of intellectual property rights.

Compared with other commercial signs, the packaging and Decoration generally has the following characteristics: First, the packaging and decoration of goods generally reflect the content of the goods in an intuitive form and reflect the specific external form of the goods. For example, mooncake patterns can be directly used on the packaging of mooncakes, and the decoration of soaps can be directly used. Highlight the words "moisturize the skin"; secondly, the packaging and decoration of goods use aesthetic patterns, colors and shapes to decorate, beautify and promote goods. This does not need to be distinctive, as long as it can achieve the purpose of promotion and purchase. That’s it. This is most different from trademarks. Trademarks should be identifiable and distinctive, such as congratulations on the new year, the word “Fu” and other folk auspicious signs. Although they are not suitable for use as trademarks, they can still be used as product packaging and decoration. Thirdly, the packaging and decoration of goods are generally not proprietary and exclusive (except for well-known goods), and others cannot be prohibited from using the same or similar packaging and decoration. And graphics generally do not focus on differentiation, and it is unfair for the packaging and decoration to be monopolized by only one company; fourth, the packaging and decoration of goods can change the patterns and text at any time according to market needs, which has greater flexibility.

In summary, well-known products have a certain influence in the market. A certain status may be due to good reputation, or because the product is widely advertised and loved by many, or it may be due to a certain feature of the product. If you have any other questions, please feel free to consult online.