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Legal Protection Conditions of Trade Dress

Author: ChenXia
Tutor: DingShaoKuan
School: East China University of Political Science
Course: Legal
Keywords: economic benefit trade dress legal protection condition
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 65
Quote: 0
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Abstract

All kinds of activities around human society are changing dramatically catering to the development of global economy. The concept of trade dress rises with the path of economic surge, and it is built into a body of theory by western countries. The term of trade dress was quite not familiar to China until Sanford case in 2004. Chinese government started to realize that trade dress would not merely have a huge impact on economic interest of individual corporations, but also on a whole industry, even national interest. Several years of domestic study and research for trade dress has shown some effects, but domestic development of trade dress would certainly experience a difficult time because of its complexity and origin. During this period of time, the author wishes to conduct an initial research about domestic development of legal protection system of trade dress through this article.The author focuses on legal protection conditions of trade dress, which is an inevitable issue for every protected legal right; meanwhile legal protection condition is the key point in initial study of trade dress. The author firstly focuses on the concept of trade dress and brings out the study of legal protection conditions of trade dress on the basis of thorough analysis of its origin, connotation and extension. In the second chapter of the article, the author concludes the legal protection conditions of trade dress adopted by China from the analysis of relative regulations and recent situation of legal protection conditions of trade dress by other countries and international organizations. In this part, the author has referred to foreign and domestic cases, especially in the study of domestic regulations, to connect the theory with practice to perform accurate analysis and comprehension. In the last chapter of the article, the author raises some suggestions about the existing protection mode and concrete measures of legal protection conditions of trade dress of China.This article is focused on comparative study and famous cases from foreign and domestic resources to take the experience of developed countries, and try to find our own way in legal protection conditions of trade dress.

Legal Protection Conditions of Trade Dress

Abstract

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