Strengthening Regulations and Strengthening Consciousness of Packaging Property Rights (2)

It should be pointed out that patent rights are not granted for "invention creation" that violates national laws and violates public morality or impedes public interest. Such as counterfeit brand names and counterfeit packaging were included in the crackdown.
Legal Protection of Trademark Law and Packaging Trademarks
Although the history of trademarks is long, but relying on modern trademark laws and regulations to protect packaging trademark rights has only 200 years of history. Trademark law is the general term for legal norms used to confirm and adjust the social relations generated by trademarks.
China's trademark law began in the late Qing Dynasty. In 1904, the Qing government promulgated the “Trial Regulations on the Registration of Trademarks”. In 1923, the Beiyang government passed the “Trademark Law” and in 1930, the Kuomintang government promulgated the “New Trademark Law”.
After the founding of the People's Republic of China in 1949, the "Provisional Regulations on the Registration of Trademarks" was promulgated in July of the next year. In 1963, the "Trademarks Management Regulations" was promulgated. In August 1982, the "PRC Trademark Law" was promulgated. The second revision of the "PRC Trademark Law" in 2000 was implemented in 2001. The new "Trademark Law" has increased protection, and China's trademark system has since entered a new era in line with international standards.
With the development of international trade, in order to ensure that the trademarks of China's famous brands have been protected internationally, China joined the Paris Convention for the Protection of Industrial Property in 1984 and the TRT for Trademark Registration in 1994. In 1995, it joined the Madrid Agreement for the International Registration of Trademarks. . In addition, he also participated in the WTO's "Trade-related Intellectual Property Rights Agreement" and the "Nice Agreement."
Trademark law provides legal protection against violation of trademark rights. It should be noted that brand-name trademarks are also subject to special protection. China has formulated the "Provisional Regulations on the Identification and Management of Well-known Trademarks," which expressly provides for the protection of well-known trademarks.
In the “Paris Convention”, there is a complete set of norms for the protection of well-known trademarks: First, the registration and prohibition of the registration of trademarks similar to well-known trademark designs are banned or cancelled in accordance with the law; second, the parties are allowed to revoke their similar registered trademarks within 5 years. The request; third is that the request for cancellation of a fraudulent registered trademark is not subject to time restrictions. It can thus be seen that well-known trademarks are protected by law, regardless of whether they are registered or not. For malicious registration or seizure of well-known trademarks of others, right holders may request cancellation at any time.
Copyright Law and Packaging Copyright Protection
Copyright is the exclusive right of authors to the scientific and literary works they create. The copyright protection system is a product of the development of human social politics, economy, science, literature and art to a certain historical stage.
Packaging copyright protection includes: (1) written works related to packaging, (2) oral productions, (3) music and dance performances, (4) fine art photography, (5) film and television video productions, (6) product design drawings , (7) graphic works. However, works that violate social morality will be banned, and inferior packaging works such as Liu Wencai stinky tofu and Nanbatian should be banned.
Unfair competition law and packaging design protection
In the 1990s, China entered the stage of the socialist market economy. On September 2, 1993, China’s National People’s Congress passed the Law of the People’s Republic of China Against Unfair Competition, which was implemented on December 1 of the same year. The law expressly prohibits unfair competition. For example, (1) defamation: use of press conferences, open letters, comparison advertisements, packaging instructions or false complaints, defamatory libel, etc., to harm competitors' commercial reputation and reputation; (2) counterfeit packaging: impersonation of another person's registered trademark, use of well-known The name, packaging, decoration, counterfeit or fraudulent use of various certification quality marks, etc.; (3) Counterfeiting of origin or place of origin; (4) Impersonation of another company name or name to mislead consumers and damage competitors. The law also specifically provides that legal offenders will be legally liable.
Protecting China's Packaging Design Property Rights
Strengthen the protection laws and regulations and promote the development of packaging design. The world’s leading economist and Nobel Prize winner in economics, North, pointed out that the protection of intellectual property rights is a prerequisite for the emergence of a large number of inventors (entrepreneurs). With the protection of intellectual property rights, the invention’s achievements will spring up. This will promote industrial innovation and create a miracle of modern economic growth. Therefore, we must strengthen the intellectual property protection system for packaging design and promote the rapid development of packaging design in China. Avoid the emergence of the "old mom" piles.
Strengthen awareness of property rights and protect packaging design innovation. The famous scholar Schumpeter pointed out that enterprises are the personification of innovation consciousness. China's new patent law also pointed out that creation is the foundation of the company's progress, and innovation is to create new technologies, new products, new materials, new organizations, new markets, new packaging, and ultimately obtain new economic benefits. For example, the recent victory of a small square bottle of "Jin" brand wine is a typical example. Therefore, it is an important task for us to strengthen the intellectual property rights of packaging and to protect the creation of packaging design.
Implement international conventions to protect famous packaging designs. Network technology is the industrial revolution at the end of the 20th century, and it is also a picture of the "new economy" and "globalization." However, due to the special nature of global online media, certain imitations of "piracy" and "counterfeiting" have spread rapidly. Such as marketing advertising creative, packaging and decoration design imitation and so on. Therefore, strict implementation of the "Paris Convention" and WIPO's WTC, PCT, WPPT and other international treaties are even more responsible.
In the past decade, the intellectual property protection of packaging design in China has become increasingly perfect and strengthened. The rapid development of China's export goods packaging has increased the dependence on foreign trade from 9% to 40%. The "Annual Report on International Competitiveness" issued by the United Nations in February 2003 showed that the ranking of China's patents in 2002 was two times ahead of schedule, which is the best proof. Zhu Rongji pointed out in the Tenth National People’s Congress’ proposal for this year’s government work that it is necessary to strengthen the protection of intellectual property rights and promote patented inventions... to point us forward. Let us jointly protect the property rights of packaging design and promote the healthy development of packaging design in China.