Protect Famous Brands to Develop Chinese Packaging

Intellectual property rights are the brainchild of intellectual creation and industrial and commercial enterprises, and also the wealth of the nation. Intellectual property law is the basic guarantee for technological innovation and industrial and commercial progress. It is an inevitable result of human social development and a fundamental guarantee of social benefits. April 26 is a "World Intellectual Property Day" approved by China and Algeria and approved by the General Assembly of the World Intellectual Property Organization. Commemorating the first day of property rights at the beginning of the new century has far-reaching historical significance. In this combination of our product packaging reality, to explore how to protect the famous packaging brand property rights, is very beneficial to the development of China's packaging. 1 Overview of the Intellectual Property Law Since the world’s first invention law was promulgated, many countries in the world have enacted laws on the protection of intellectual property rights for the past 500 years. However, compared with civil law and commercial law, it lags behind in terms of time. Because civil law and commercial law came first with the formation of commodity, private ownership, and market exchange. Marx pointed out that the exchange of goods does not occur naturally and must be protected by its guardians. Only when the two parties share a common and consistent will can they take possession of each other's goods. The rules for the exchange of commodities are the basic content of civil law. This shows that the history of civil law or civil and commercial law goes back to ancient times. The intellectual property laws rely on the development and prosperity of science and technology and literary arts. On March 19, 1474, the Venice Republic promulgated the world's first invention law and made a contribution to the culture of Venice. Despite this, the large number of intellectual property laws still emerged after the rise of the industrial revolution in the 18th century. According to the world-famous scientific historian Wolf (A b rah am W o lf), in the mid-18th century, there were a large number of industrial technology associations that encouraged the development of new technologies and new products through awards. On the other hand, the popularization and dissemination of scientific and technological knowledge also rose rapidly in the 18th century. Especially after the French Revolution, free vocational training for laborers began to spring up in Paris and London. The improvement of the national knowledge level laid the foundation for the invention. basis. Due to the differences in geographical areas and national conditions, the legislation of various countries also varies greatly. Different legal texts have appeared to protect the intellectual property rights of various countries. Until the end of the 19th century, the world’s largest, longest and most authoritative two international conventions emerged in the field of intellectual property protection – the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of the Copyright of Literary Works. These two conventions played a huge role in the protection of international intellectual property in the 20th century. In the 20th century, the intellectual property protection system has further developed. In 1967, 51 countries established the "WPO of the World Intellectual Property Organization" and signed the "Convention on the Establishment of a World Intellectual Property Organization." In 1974 WIP officially became a UN agency. The W IPO Convention protects the following rights: (1) Right to Invention, (2) Right to Discovery, (3) Trademarks, Business Names and Logos, (4) Industrial Designs, (5) Right to Literary and Artistic Works, (6) Performances The right to arts, (7) to stop unfair competition, and (8) the right to other intellectual activities in the fields of science and technology and literature and art. The contents of the "Intellectual Property Rights Agreement" of World Trade Organization W TO are generally the same as those of the WPO. The above (1) and (4) are patent laws, (3) are trademark laws, (5) and (6) are copyright laws, and (7) and (8) are areas of unfair competition. The following are separately described. 2 Patent Laws Origin of Laws The Patent Law is a general term for the legal norms formulated by the State for the recognition of the right to invention and creation and its various social relations. A patent right is an exclusive right of a patentee to create a specific invention within a statutory period. The earliest patent law in the world was the Inventors Act promulgated by the Republic of Venice in 1474. Although it was short, it was the basic model and representative of modern patent law. In 1594, Galileo Galileo obtained the world's first patent for invention. In order to revitalize industry and attract foreign technicians, Britain passed the "Monopoly Law" in 1623, which clearly stipulated the inventor's legitimate property rights in his invention and protection from infringement. In 1762, France issued a decree that stipulated that the inventor should be granted the exclusive right to operate in order to promote industrial innovation and technological innovation. In 1791, the French Parliament passed the "Patent Law," which explicitly states that the rights of inventors are the most sacred, most reasonable, and inviolable rights. In 1787, the U.S. Constitution provided that inventors had exclusive rights to their inventions. In 1790, the "Patent Law" passed the express protection of patent rights. In addition, the "Patent Law" was promulgated in 1817, the Netherlands, the United Kingdom in 1852, India in 1859, Germany in 1877, and Japan in 1885. On June 19, 1970, an international "patent cooperation treaty" was signed in Washington to reduce the inconvenience of applying for patents in various countries and make protection more effective. In 1889, 1912, and 1928, our country announced the regulations concerning invention awards. In 1944, the "Railway Republic of China Patent Law" was promulgated. In 1950, the People's Republic of China promulgated the "Provisional Regulations on the Protection of the Right to Inventions and Patent Rights," which was promulgated in 1984 and the Patent Law was implemented in 1985. The People's Republic of China was amended twice in 1992 and 2000. Patent Law. The second half of the 20th century was the era of international intellectual property protection. China has successively participated in international conventions such as the International Classification of Industrial Designs (joined in 1968), the Convention of the World Intellectual Property Organization (March 1980), Paris Convention (November 1984), Patent Cooperation Convention (January 1993), International Patent Classification Treaty (July 1994), Budapest Treaty (April 1995). In addition, China has also signed the "TRIPS Agreement" of the World Trade Organization W TO. In general, inventions in patent law refer to inventions, utility models, and designs. The difference between them is that the scope of protection of the invention is wider than the utility model, and the protection period is relatively long. For example, cans are invention patents, while improved cans are utility model patents. Appearance design refers to the new design of the product, the shape of the package, the pattern, the color, or the synthetically proposed beauty that is suitable for industrial production applications. In short they all belong to the object of knowledge protection. It should be pointed out that patent rights, such as master key, are not granted for inventions that violate national laws, violate social morality or impede public interest. The counterfeiting of counterfeit currency, manufacture of drugs, counterfeiting of brand names, and counterfeit packaging are among the crackdowns. 3 Trademark Law and Trademark Rights Although the history of the protection of trademarks is long, it is the last 200 years to protect trademark rights relying on modern trademark laws. Trademark law is the general term for legal norms used to confirm and adjust the social relations generated by trademarks. In 1803, France enacted the Law on Factories, Manufacturing Fields, and Workshops. In 1857, France promulgated the Law on the Creation of Marks and Trademarks based on Principles of Use and Review Principles. In the second half of the 19th century, trademark laws of various countries came out one after another. 1862 British "Commodity Marking Law", 1870 American "Federal Commercial Law", 1874 German "Trademark Protection Law", 1875 British "Trademark Registration Law", 1881 American New "Trademark Law" etc. successively provided for trademark protection The legal basis. China's trademark law began in the 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." In 1930, the Kuomintang government promulgated the "New Trademark Law." After the founding of New China, the "Provisional Regulations on the Registration of Trademarks" was promulgated in July 1950, the "Regulations on the Administration of Trademarks" was promulgated in 1963, and the "Trademark Law of the People's Republic of China" was promulgated in August 1982, which increased the scope of protection and the severity of punishment. China Since then, the trademark system has entered a new phase. 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 W TO's "Trade-related Intellectual Property Rights Agreement" and "Nice Agreement." Trademark law provides legal protection against violation of trademark rights. It should be pointed out that brand-name goods are also subject to special protection. China has formulated the "Provisional Regulations on the Identification and Management of Well-known Trademarks," which expressly provides protection clauses for 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 use of trademark registrations similar to well-known trademarks shall be refused or cancelled; second, the request for the parties to revoke their similar registered trademarks shall be allowed within 5 years. Third, the cancellation request for fraudulent registered trademarks is not subject to time restrictions. From this, it can be seen that whenever a well-known trademark is protected by law, the right holder may request cancellation at any time for the malicious registration or seizure of another person's well-known trademark. 4 Copyright Law Legal Origin Copyright is the exclusive right of the author to the scientific literary works he creates. The copyright protection system is a product of the development of human social politics, economy, science, literature and art to a certain historical stage. The protection system of copyright law emerged with the flourishing of printing technology. In 1709, the United Kingdom enacted the world’s first copyright law, the “Queen Anna”, which clearly stipulated that the author enjoyed the copyright of books for 21 years. In 1791 and 1793, France enacted copyright law and authorship law. With the development of the times and the advancement of science and technology, copyrights have also entered the protection of texts, movies, sound recordings, videos, software and other works in the 20th century from the protection of text works in the 19th century. There are more than 160 countries that have enacted copyright laws today. China is an ancient civilization in the world and the protection of copyright has a long history. According to historical records, in the Song Dynasty of China, there were "approved bosses, not allowed to re-enter the board," or they were "discussed and destroyed, and offenses were committed". Nowadays, it is also circulated that Ji Xiaotong once protected his life with “Stone Indication”. This talent has the privilege of reading the legend of “Dream of Red Mansions”. After the founding of New China, it began to draft copyright laws and regulations. However, the interference of the ultraleft line and the cultural revolution has been unsuccessful. Since 1990, the "Copyright Law of the People's Republic of China," "Implementation Regulations," and "Regulations on the Implementation of International Copyright Treaties," have come first. The international community attaches great importance to copyright protection. On September 9, 1886, the International Copyright Conference was held in Bern and the Berne Convention for the Protection of Literary and Artistic Works was signed. On September 6, 1952, the Universal Copyright Convention was adopted in Geneva and now has more than 100 member countries. China has successively acceded to these two conventions and signed international treaties such as the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Memorandum on Sino-U.S. Intellectual Property Protection. Copyright includes copyright property rights, personal rights and neighboring rights. Protected works include (1) written works, (2) oral works, (3) music and dance works, (4) fine art works, (5) film and television works, (6) product design drawings, (7) Graphic works, (8) computer software, (9) folk art works, etc. However, current affairs news, data charts, official documents, laws and regulations are not protected, and reactionary and obscene works and works that violate social morality will be prohibited from publication and dissemination. Therefore, inferior packaging works like Liu Wencao stinky tofu and Nanbatian should be banned. 5 Anti-Unfair Competition Law As we all know, the early period of capitalism was an era of free competition. With the development of the capitalist economy and the transition from free competition to the monopoly stage, the principle of business freedom has been severely impacted, and it will inevitably require laws to safeguard the new order of fair trade. In 1896, Germany first promulgated the "Anti-Unfair Competition Law," which expressly prohibits unfair competition such as smashing competitors, leaking trade secrets, and improperly attracting customers. Subsequently, France regulated illegal acts and quasi-illegal acts in the French Civil Code. Antitrust legislation is the earliest in the United States. In 1890, the U.S. Federal Trade Commission issued the Sherman Act, which expressly stipulates that laws should be used to stop monopolistic behavior. In 1914, the Commonwealth passed the "Clayton Act" and the "Federal Trade Commission Act." In 1938, the "Weiler Lee Act" was enacted, expressly prohibiting unfair competition in commerce and strengthening the regulation of unfair competition behavior. In 1910, Japan enacted the Law for the Prevention of Unfair Competition and stipulated that fines and detention should be imposed on illegal acts. In 1975, Japan introduced the amended Law on the Prevention of Unfair Competition, which imposed three years of hard labor and fines of 200,000 yen or less on false or misleading illegal acts. In the 1990s, China entered 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, comparative advertisements, packaging instructions or false complaints, defamatory libelous methods, etc. to harm competitors' commercial reputation and reputation; (2) counterfeit packaging: counterfeiting