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| 목차 |
부제 : A Study on the Protection of Trade Dress in China - Focus on “Wang Lao Ji Case” -
Ⅰ. 서언
Ⅱ. 트레이드 드레스의 개요
Ⅲ. 중국 트레이드 드레스의 요건
Ⅳ. 포장 디자인의 소유권 결정
Ⅴ. 결어
참고문헌
ABSTRACT
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| 영문초록 |
In 1995 GuangYao Group signed trademark licence agreements with HongDao for “Wang Lao Ji” trademark. At the same time HongDao had applied for the design patents “red can label”. However, in 2011 GYG decided to terminate the licence agreement. Further, in 2012 Jia Duo Bao launched a red can bearing the “Jia Duo Bao” trademark . GYG filed claims against JDB requesting an injunction to stop the use of the red can design.
The Supreme People"s Court described the contributions made by both parties to the value of the red can packaging as follows:
GYG had been using the “Wang Lao Ji” characters in a consistent, stable and continuous manner. As a result, the characters had been integrated into the packaging, which had become a source identifier of the product. Therefore, the “Wang Lao Ji” characters were a vital component of the packaging. JDB had made a significant contribution through years of consistent and extensive promotion to ensure that the packaging was clearly identified by consumers as a JDB product.
Therefore the court declared that both parties were entitled to use the red can packaging.
This case reminds trademark owners that where products are sold by a licensee in packaging which differs from that of the licensor, the licensee can claim independent IP rights. The licence agreement should therefore provide that who will remain IP rights including packaging design. |
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| 도움말 |
| 본 논문은 참고용 논문으로 수정 및 텍스트 복사가 되지 않습니다. |
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| 저작권 정보 |
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| 본 학술논문은 ㈜누리미디어와 각 학회간에 저작권 계약이 체결된 것으로 HAPPY학술이 제공하고 있습니다. 본 저작물을 불법적으로 이용시는 법적인 제재가 가해질 수 있습니다. |
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분야
3673051 
