上海4197龙凤

Ejiao packaging is hitting the face in the first right to protect

Original title: Ejiao packaging is hit, in the first right, protecting Ejiao is a famous Chinese medicine, it is a rubber block whose shelter is born to the hair, with blood, nourishing yin, moisturizing, hemostasis Efficacy.

There is also a case where the intellectual property dispute in Ejiao has occurred. Recently, the Shandong Provincial People’s Court (known as Shandong High Court) will tried a unfair competitor of Ejiao goods. Shandong High Court, SEC, Shandong East Aoxun Ejiao Products Co., Ltd. (hereinafter referred to as Xin Macao Run Company) and Shandong Dongjiao Jiao Industry Co., Ltd. (known as Dongjiao) unauthorized use Dong Ajiajiao Co., Ltd. ( The gelatin goods approximately packaged, decorated in the East AUD, constitutes unfair competition, order to reject the appeal, maintain the original judgment, that is, the two companies immediately stop the infringement, compensation of the economic loss and reasonable expenses of the East Angong Division and a total of 200,000 yuan.

  Packaging and decoration caused disputes East A Company was established in 1994, and business scope includes drugs and health food production and sales. On July 22, 2010, East A Company submitted a name "Packaging Box (Ejiao)" to the State Intellectual Property Office, and obtained authorization on January 19, 2011. The patent number is.

The design is the packaging, decor of the case where the Pasta Company product (reflected in the iron box Dong Ajiao) is: There is an extended red rectangular vertical strip that extends from the side edge of the side edge to the side of the lid, and the text in the vertical bar is arranged under top, with a larger font display "gelatin", the other side of the front side of the lid "East Ejiao" art 上海各区工作室新茶群 word logo with squares. Dongjiao Company was established in 2008, business scope is food production, sales, skin, leather acquisition, sales, etc. Xin Macao Run Company was established in 2016, business scope is food research and development, production, sales, rack, leather acquisition, sales, etc. On February 13, 2017, Xin Ao Run Company received a package design patent certificate, patent number.

  Dong’a discovered that the gelatin submersers produced by Dongjiao Company, Xin Macao Run Company produced, and the packaging of the iron boxes produced, the decoration is approximately, suspected of constituteing unfair competition, according to this v. Shandong Texas The Municipal Sports People’s Court, requested the court to determine whether the two defendants immediately stop infringement and compensate their 阿拉爱上海女生自荐 economic losses and rational expenses of 300,000 yuan. Xin Macao Run Company and Dongjiao Company argued that Xin Macao Run Company has the design patent certificate for the patent number issued by the National Intellectual Property Office, and the products involved in strict design patent requirements for independent design; Xin Aoyun Company and Non-owner-seeking malics makes relevant public confusion and misunderstandings for goods and does not constitute unfair competition.

In addition, the main view of the East A Design Patent Application Record will clearly indicate that the packaging is a pharmaceutical packaging, and the products involved are only health foods, both are not similar products. The overall style of the package involved and the products of Dong’a are very different. It is determined that the violations of the first act of the first-act trial were 爱上海龙凤419 tried. The controversy focus is the packaging of Dong’ao iron box East Ajiajiao products, decor is a unique packaging, decoration of the goods that have a certain impact; Xin Ao Run Company, Dongjiao Company Whether the behavior constitutes unfair competition. In this case, Dong’a provides full evidence that its investment in large amounts of funds have been advertised in various forms since 2008. In 2008, the sales income of Ejiao main business has reached 100 million yuan. In 2017, sales revenue have reached 100 million yuan, all of which were first in Shandong Province, and gelatin products were sold to all provinces and cities across the country, and were identified as well-known goods by relevant departments. Comprehensive factors, sufficient to prove that the East Ako’s iron box Dong Aijia is well known to the relevant public, with higher awareness, which should be identified as a "People’s Republic of China Anti-Unfair Competition Law".

Dong’ Ejiao has used a rectangular black iron box packaging from September 2010, which has obtained a design patent and has a uniqueness of copyright, unique, and through long-term persistence. Packaging, decoction is well known to the relevant public and associated with Easta’s gelatin products, which has played the role of the source of commodity sources. The packaging, decor should be identified as a unique package and decor of the commodity.

  The court believes that according to the comparison, the first, the iron box Dong Ajiajiao and the inclusion of the infringing product box are black; the second, the iron box East Ajiajiao cover is covered with raised rubber, accused of infringing product box The cover is also covered with a projection, a circular rules shading; Aligned, embossed printing with a larger font highlights the word "gelatin"; there is a red vertical decorative strip in front of the front box cover, and the text in the decorative bar is black font, and the relief is arranged. The printing is highlighted with a larger font display "Ejiao block" three words; fourth, the back of the iron box is printed with a white font product manual and how to use the approved number and enterprise information.

From the general attention of ordinary consumers, the same point in the visual characteristics is greater than different points, enough to make relevant public to confuse or misject the source of commodity, should be considered approximately packaged and decorated.

Although Xin Macao Run Company has achieved the design patents of its production products, but before the design of the design patent, Dong’ao’s iron box Dong Aejiao products have achieved corresponding design patents and used for their products. Continuous propaganda and use, Xin Ao Run Company’s design patent should not conflict with Dong’ao’s prior rights.

  In summary, the court sentenced Xin Macao Run Company and Dongjiao Company immediately stopped infringement, compensation for the economic losses of the East Agong, 200,000 yuan. Xin Macao Run Company does not accept the judgment, appealed to the Shandong High Court. The Shandong High Court has been tried, and the judgment dismissed the appeal and maintained the original judgment. The imitation of the case should be answered for this case. Some insiders said that this is a typical case that is equited with unique competition with certain influential commodities. Huang Zhi Shuai, a lawyer of Shandong, in an interview with China Intellectual Property Report, although Xin Macao Run Company believes that it has obtained the design patent, but before Xin’ao Run Company submitted the patent application, Dong’a is already in Ejiao. The product packaging has achieved corresponding design patents and used in the product, and the rights obtained later shall not infringe on the first right of others. "The timely handling of the case, also protects the legitimate rights and interests of Dong’a according to law, and classes the rights boundaries of the design patents, which promotes the healthy development of well-known brand enterprises, creating a good market environment, and enhancing the brand awareness of the society. Significance.

Huang Zhi Shua said. At the same time, Huang Zhu Shuai said that there can be learned from their own product packaging and decoration design concepts, and the design innovation is formed on this basis, and finally forms their own unique product packaging, decoration, this is a market operation. And the inevitable trend of competition.

However, it is possible to constitute an unfair competition that should be confused with the consumer in a unique package, decor, and other people who have certain influence items. . So how should I have an intellectual property layout to avoid infringement or by others? Huang Zhi Shuai said that after designing packaging and decoration, the right holder must do a good job in registration, including the copyright registration of the entire packaging, decorative pattern, and the application for product packaging, and the application for brand-oriming. People’s weights.

The right to establish brand files in the daily operations of their products, the number of honors, sales, etc. The information is submitted to the court to prove the packaging of its products, and decorate the unique packaging, decoration with certain influence, to maintain its legitimate rights and interests. (Zhao Ruike) (Editor: Lin Lu, Li Wei) Sharing let more people see recommendation reading.