Next：The first case of box for packing gifts blind box piracy infringement case concluded, creative box for packing gifts packaging how to protect?

1. other protection path of the outer packaging of goods box for packing gifts

The infringement dispute in this case occurred in the field of box for packing gifts cultural and creative industries, the outer packaging of the goods box for packing gifts in question has creative expression, and therefore falls within the scope of protection of copyright law. In practice, the counterfeiting infringement involved in the outer packaging of goods box for packing gifts is more often adjusted through trademark law or anti-unfair competition law.

2. box for packing gifts packaging decoration of goods with distinctive features

According to Article 8 of China's Trademark Law: "Any sign that can distinguish the goods of a natural person, legal person or other organization from the box for packing gifts of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as combinations of the above elements, can be applied for registration as a trademark." If the box for packing gifts packaging decoration of goods with distinctive features, easy to identify, meet the conditions of the trademark or three-dimensional trademark, it can be registered or used as a trademark. For example, the box for packing gifts packaging decoration of Chinese cigarettes is combined with the cigarette trademark and is protected by law as a whole; in Maotai wine, the trademark protection is not only the "Golden Wheel" or "Flying Sky" trademark, but also includes In the case of Moutai wine, it is not only the "Golden Wheel" or "Flying Sky" trademark that is protected by the law, but also the box for packing gifts design that includes the words "Moutai wine".

3. the Anti-Unfair Competition Law is also the main force to protect the outer packaging of commodity box for packing gifts

The Anti-Unfair Competition Law is also the main force in protecting the outer packaging of goods box for packing gifts. 2019 revised Article 6 (1) of the Anti-Unfair Competition Law reflects the protection of commercial signs such as the packaging decoration of goods box for packing gifts: "The operator shall not commit the following acts of confusion, leading people to believe that the goods are others box for packing gifts or the existence of a specific link with others

4. reflects the trend to expand the scope of protection of the outer packaging of goods box for packing gifts

(a) unauthorized use and others have a certain influence on the trade name, box for packing gifts packaging, decoration and other identical or similar marks. This provision is derived from the 1993 "Anti-Unfair Competition Law", Article 5 (2), that is, the operator shall not "unauthorized use of well-known goods unique name, box for packing gifts packaging, decoration, or the use of well-known goods similar to the name, box for packing gifts packaging, decoration, box for packing gifts and other well-known goods cause confusion, so that The purchaser is mistaken for the well-known goods". The revised article cancels the "well-known goods" and "unique" elements, and adopts the "certain influence" criterion; further expands the scope of commercial mark protection, not only It further expands the scope of trade mark protection, not only limited to trade names, box for packing gifts packaging, decoration; adjusts the "confusion and misunderstanding" element, expands the scope of the concept of likelihood of confusion, and lowers the criteria for determining the likelihood of confusion. To a certain extent, this reflects the trend of expanding the scope of protection of the outer packaging of goods box for packing gifts, to meet the needs of judicial practice.

5. protection of creative works on the outer packaging of box for packing gifts:

It is worth mentioning that, before the conclusion of this case, China's judicial decisions are mainly on the box for packing gifts outer packaging of text, patterns of intellectual property protection, in order to protect the box for packing gifts outer packaging of creative works and related copyright holders legitimate rights, to protect the exclusive right to register trademarks, to regulate unfair competition. For example, in another case concerning the dispute over the copyright of box for packing gifts blind box [(2020) Shaanxi Civil Final No. 761], the copyright owner, Fu Moumou (Guangzhou) Cultural and Creative Company Limited, registered "box for packing gifts blind box" "table game blind box for packing gifts Ltd. registered "box for packing gifts" and "box for packing gifts" with the Guangdong Provincial Copyright Bureau and obtained the "work registration certificate", and then authorized the plaintiff Takayama Cultural and Creative Company to use the two box for packing gifts works under exclusive license. As the defendant a wholesale department without authorization, in its sale of "surprise magic box" toy box for packing gifts in the outer packaging contains part and "box for packing gifts blind box" works, "board game blind box "The court therefore found that the defendant's sale of the outer packaging of the toy box for packing gifts infringed upon the legitimate rights of the copyright owner and the plaintiff as the owner of the exclusive license right.

6. indirectly protect the outer packaging of the goods box for packing gifts from counterfeiting:

In addition, the 2014 amendment of the "People's Republic of China Trademark Law Implementation Regulations" Article 76 provides that "in the same commodity box for packing gifts or similar goods box for packing gifts will be the same or similar to others registered trademark logo as a trade name or box for packing gifts commodity decoration use, misleading the public, belongs to the trademark law Article 57, paragraph 2 of the infringement of the exclusive right to use registered trademarks." This provision on the attention to trademark protection and box for packing gifts on the outer packaging of the trademark name and decorations there is a close connection between the box for packing gifts from the outer packaging of the overall consideration of the possibility of causing trademark misidentification, box for packing gifts through the text, graphics and other common trademark right objects of extended protection, indirectly protect the outer packaging of goods box for packing gifts from counterfeiting.

7. destruction of box for packing gifts outer packaging of infringing goods

In this case, the court of Chongqing Liangjiang New Area (Free Trade Zone) for the first time protected the unfolded picture of the box for packing gifts outer box as a whole as a copyright work, and clarified that when the infringer bears the responsibility of stopping infringement, the specific responsibility requirement is to destroy the box for packing gifts outer packaging of the infringing goods, not the infringing goods, which has an important inspirational effect on the adjudication of similar cases in the future.

8. the rise of a new generation of box for packing gifts consumer main force

box for packing gifts intellectual property is the core competitiveness of the cultural and creative industries, and is also the key to expanding the market and stimulating consumption in the emerging industry. In recent years, with the rise of a new generation of box for packing gifts consumer main force, China's trendy toy market scale has grown significantly, and the cultural and creative industries are developing rapidly. box for packing gifts blind box as a new era of innovation products, the representative of the tide play industry, gradually developed into a common economic phenomenon. With the huge market comes the frequent infringement disputes, both the outer packaging of goods box for packing gifts and the goods themselves may become loopholes for unscrupulous businessmen to make huge profits, which makes box for packing gifts blind box intellectual property issues urgently need to be regulated. And whether box for packing gifts trademark registration, copyright registration or litigation to defend rights, are effective means of intellectual property protection. This case will be box for packing gifts blind box outer packaging unfolding diagram as a whole as a work to give copyright protection, a breakthrough in the trademark law and anti-unfair competition law on the traditional protection path of commodity box for packing gifts outer packaging, behind the embodiment of the respect and protection of box for packing gifts creative expression, for the construction of a comprehensive intellectual property protection system, for the development of box for packing gifts cultural and creative industries It is of positive significance to build a comprehensive intellectual property protection system and escort the development of cultural and creative industries of box for packing gifts.