SSIP Co-hosts the “Seminar on Legal Issues

添加日期：2012-09-02 　　浏览量：461

On September 1, 2012, the “Seminar on Legal Issues Regarding the Special Package and Trade Dress of Famous Commodities” was held in Beijing Friendship Hotel. Nearly 40 intellectual property (IP) scholars participated in the seminar, including those from research institutions, such as the China Law Society, Renmin University of China, Peking University, Tsinghua University, Nankai University, Zhejiang University, Xiamen University, Tongji University, Fudan University, Tianjin University, China University of Political Science and Law, East China University of Political Science and Law, Southwest University of Political Science and Law, Northwest University of Political Science and Law, Zhongnan University of Economics and Law, Beijing Institute of Technology, Beihang University, Central University of Finance and Economics, Shanghai University, Beijing University of Chemical Technology, South China University of Technology, Shenzhen University, Chinese Academy of social sciences, Chinese Academy of Sciences and Applied Law Institute of the Supreme People's Court. Beijing Sunshine Intellectual Property and Legal Development Foundation (hereafter “SSIP”) co-hosted the seminar.

Recently, disputes over who should own the special package and trade dress of the famous herbal tea drink between Jiaduobao and Wanglaoji have intensified and have attracted great attention from all ranks of society. Guangdong Jiaduobao Beverage & Food Co., Ltd. and Guangzhou Wanglaoji Health Industry Co., Ltd. and its parent company Guangzhou Pharmaceutical Group Co., Ltd. have filed suits against each other at Beijing No.1 Intermediate People's Court and Guangzhou Intermediate People's Court respectively. In these two lawsuits, the interest in the package and trade dress of the original canned Wanglaoji herbal tea has become the focus of controversy and the subject of this seminar. The scholars in the seminar engaged in in-depth discussions on the legal issues regarding the unique package and trade dress of well-known commodities, such as the definition of well-known commodities, the relationship between the unique package of specific products, the relationship between trade dress and trademarks, and the ownership of the unique package and the trade dress of well-known commodities, etc.