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	REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE CONCERNING THE IDENTICAL OR SIMILAR USE OF THE SPECIFIC PACKAGE OR DECORATION OF OTHER'S NOTED COMMODITIES WITHOUT AUTHORIZATION AND THE ACQUISITION OF PATENT FOR DESIGN

	(No. 39 [2003] of the State Administration for Industry and Commerce promulgated on March 27, 2003)


SUBJECT : PATENT; DESIGN OF SPECIFIC PACKAGE/DECORATION OF OTHER'S NOTED COMMODITIES
ISSUING DEPARTMENT : STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 03/27/2003
IMPLEMENT DATE : 03/27/2003
LENGTH : 232 words
TEXT :

Regarding "Request for Instruction on Whether the Identical or Similar Use of the Specific Package or Decoration of Other's Noted Commodities without Authorization and the Acquisition of Patent for Design may be Investigated and Dealt with in accordance with the Anti-Unfair Competition Law" (No. 26 [2003] of the Administration for Industry and Commerce of Sichuan Province), and our reply is made as follows upon research:

The right to the specific package or decoration of one's own noted commodities is an important right protected by the Anti-Unfair Competition Law, which shall be ascertained and protected in compliance with the principle of prior use. If a business operator uses the specific package or decoration of other's noted commodities in an identical or similar way without authorization, and accordingly acquires the patent for design, and thus infringes upon the right of another person to prior use of the package or decoration of his noted commodities, and confuses the purchasers or makes them confused in distinguishing the commodities, then the said business operator has violated Item (2) of Article 5 of the Anti-Unfair Competition Law and committed an unfair competition act, and shall be investigated and dealt with in accordance with the Anti-Unfair Competition Law and the Some Provisions on Prohibiting the Unfair Competition Act of Fraudulently Copying the Specific Name, Package or Decoration of Other's Noted Commodities of the State Administration for Industry and Commerce.