State Administration for Industry and Commerce, The Question on the Determination of Nature and the Handling of Acts of Using, Without Authorization, the Unique Packaging and Trade Dress of Others' Famous Products for Identical or Similar Purposes and Obtaining the Design Patent Official Reply

国家工商行政管理总局关于擅自将他人知名商品特有的包装、装潢作相同或者近似使用并取得外观设计专利的行为定性处理问题的答复

June 02, 2003 | BY

clpstaff &clp articles &

Issued: March 27 2003Main contents: The Official Reply clarifies that if an operator, without authorization, uses the unique packaging and trade dress…

Clp Reference: 5400/03.03.27 Promulgated: 2003-03-27

Issued: March 27 2003

Main contents: The Official Reply clarifies that if an operator, without authorization, uses the unique packaging and trade dress of the other party's famous product for identical or similar purposes, obtains the design patent and infringes such party's priority right to use the packaging and trade dress for its famous product, and if such act causes or is able to cause confusion among the purchasers, such act constitutes unfair competition and should be investigated and handled accordingly.
Related legislation:PRC Anti-unfair Competition Law, Sep 2 1993, CLP 1993 No.9 p31

clp reference:5400/03.03.27promulgated:2003-03-27

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]