Rethinking behind the “high price” of packaging intellectual property*

Rethinking behind the “high price” of packaging intellectual property*
Http://xxkx.weifang.com November 30, 2000


Recently, from time to time, the food packaging industry came out with a patented infringement case for outer packaging. First, the outer packaging with “hundred years of loneliness” was infringed, followed by the war between “inviting contact” and “just in time” the melon seeds. At the same time, a few days ago, she appeared in Shenzhen Jiekang. The health product “Bing candy bird nest” patent box was infringed and it was really lively.

It is understood that the "Bing Candy Bird's Nest" patented packaging box is a rectangular plastic box with a transparent design. On August 22, 1998, it was granted a design patent entitled "Packing Box 187" by the National Patent Office. In July of this year, Jie Kang believed that Shenzhen Wanji Pharmaceutical Co., Ltd. introduced “Wanji Bird's Nest King” and “Wanji Chicken Gift Box” health products to the market without permission, and sued Wanji Pharmaceuticals to court. Shenzhen Intermediate People’s Court made The judgment of first instance required Wanji Pharmaceutical to “immediately stop production and sales of the “Wanji Bird's Nest King” and “Wanji Chicken Gift Box” and destroy stock-infringing products” and “apologize to Jiekang Company in writing”. And "Compensation for the loss of RMB 12,187,462.46 for Jiekang Company." After the above verdict, Wanji Pharmaceutical subsequently appealed to the Guangdong Higher People's Court. At the same time, whether this 12 million yuan compensation action can take effect depends on the decision of the National Patent Reexamination Board.

Here, we have temporarily turned our eyes to the 12 million yuan case to understand the provisions of Article 23 of Chapter 2 of the Patent Law of the People's Republic of China. The design of a patent right should be disclosed before the filing date or in domestic and foreign publications. The designs that have been published or used publicly in the country are not the same or similar. However, in daily life, there are many similar products for food packaging design. The reason for the analysis is very simple, because the first products introduced are popular in the market, consumers naturally recognize this product, and naturally the packaging leaves them Impressed, for this reason, some people think that there is a lot of articles to do. If this product is used in my packaging, wouldn't it be able to “cross the border” and maybe it will become “authentic”? Doing similar, similar packaging, similar names will come out.