International Code of Protection for Packaging Design
According to the United Nations "Design Code", any "graphic design" and "three-dimensional modeling" are appearance designs. It can be seen that packaging design, packaging and decoration belong to the category of design.
The first country in the world to legally protect designs was Britain. In 1709, the United Kingdom enacted the worldâ€™s first copyright law, the â€œQueen Annaâ€, which clearly stipulated that industrial designs as part of works of art would be protected by law.
In 1793, the copyright law promulgated by France also included designs in the protection category. Article 1 of the Act stipulates that any type of painter or drawing artist shall enjoy the exclusive right to sell and distribute his works within the Republic of France within his lifetime and the right of assignment. But the industrialists and producers of the Republic are not satisfied with this. They need more legal protection. They complained everywhere and finally issued a regional protection law on March 18, 1806. This is the first specialized in the world. Design law.
France's design law encouraged design workers in the countries of the surrounding regions. Under their encouragement, the design protection system was successively formed in Europe and the United States. Britain in 1839, the United States in 1842, Austria in 1858, Germany in 1876, Spain in 1884, and Italy in 1885 have successively enacted laws in this area.
On March 20, 1883, the International Conference for the Protection of Industrial Property held in Paris, France, signed the "Paris Convention" (PCPIP). The appearance design was officially recognized internationally as an industrial property right. When the "Paris Convention" was revised in 1958, it has officially added Article 5: "Designs should be protected in all member states of the Union". On December 6, 1925, some countries signed an agreement in The Hague, the Netherlands, to establish the "The Hague Agreement" (HA) for the international application for design. The international cooperation for the protection of design was formally launched and was revised several times. In 1968, the Locarno Agreement was signed. According to incomplete statistics, there are about 150 countries and regions around the world that protect designs. China also participated in the â€œParis Convention for the Protection of Industrial Propertyâ€ on November 14, 1984, which put Chinaâ€™s design on the path of international protection.
In 1969, the Joint International Agency for the Protection of Industrial Property (BIRPI) developed a "Model Law for Designs in Developing Countries" (hereinafter referred to as the "Model Law" and also translated the "Model Law") specifically for developing countries and sent it to more than 80 countries. Government for research. October 27-29, the representatives from developing countries gathered in Geneva to review the "Model Law" and proposed to developing countries for reference. They also suggested that they consider joining the Paris Convention and are now a design paradigm.
In the 20th century, the worldâ€™s intellectual property protection system has further developed. In 1967, 51 countries in the world signed the "Convention for the Establishment of a World Intellectual Property Organization" and established the "WIPO of the World Intellectual Property Organization" (in 1974 WIPO officially became a UN agency). The WIPO Convention protects the following intellectual property rights: (1) Right to Invention (2) Discovery Rights (3) Trademarks, Business Names and Logos (4) Industrial Designs (5) Literary and Scientific Works Rights (6) Performing Arts Rights (7) Stop unfair competition (8) The right to other intellectual activities in science and technology, literature and art. The content of the TRIPS Agreement is generally the same as that of the WIPO Convention.
China's regulations for the protection of packaging design
Patent Law and Packaging Design Legal Protection
The Patent Law is a general term for the legal norms formulated by the state to confirm the ownership of the right to invention and its various social relations. A patent right is an exclusive right of a patentee to create a specific invention within a statutory period.
With the expansion of the scope of patent protection, the internationalization of patent protection is very important. International patent laws and regulations mainly include the International Patent Cooperation Treaty (PCT) of 1970, the European Patent Convention (EPC) of 1973, the African Patent Convention (OAPI) of 1962 (the LIBREVILLE Agreement), and the Strasbourg Accord SA (1971). "And the Americas CARTAGENA Agreement" and so on.
In 1903, 1912, and 1928, China announced the regulations concerning invention awards. In 1944, the Kuomintang government promulgated the "Rule of the Republic of China Patent Law." In 1950, New China promulgated the "Provisional Regulations on the Protection of the Right to Inventions and Patent Rights," which was promulgated in 1984 and the People's Republic of China Patent Law in 1985. The second revised edition of the Patent Law in 2000 was implemented at the end of 2001.
The second half of the 20th century was an 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), the Paris Convention (November 1984), and the cooperation in patents. Convention (January 1993), International Patent Classification Treaty (July 1994), Budapest Treaty (April 1995). In addition, in 2001, China also signed the TRIPS Agreement of the World Organization.
In general, the scope of patents for protective packaging refers to packaging inventions, utility models, and packaging designs. The difference between them is that the scope of protection of packaging inventions is broader than that of utility models, and the protection period is relatively longer. For example, cans are packaging invention patents, while improved cans are utility patents. Packaging design refers to the new design of the product package's shape, pattern, color, or synthetic beauty and is suitable for industrial production applications.
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 â€œTrial Regulations on the Registration of Trademarksâ€. In 1923, the Beiyang government passed the â€œTrademark Lawâ€ and in 1930, the Kuomintang government promulgated the â€œNew Trademark Lawâ€.
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 â€œParis Conventionâ€, 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, Chinaâ€™s National Peopleâ€™s Congress passed the Law of the Peopleâ€™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 worldâ€™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 inventionâ€™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 Peopleâ€™s Congressâ€™ proposal for this yearâ€™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.
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