중국의 트레이드 드레스 보호제도에 관한 연구 - “왕라오지 사건”을 중심으로 - (A Study on the Protection of Trade Dress in China - Focus on “Wang Lao Ji Case” -)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 79권 / 249 ~ 267페이지
· 저자명 : 송수련

초록

In 1995 GuangYao Group signed trademark licence agreements with HongDao for “Wang Lao Ji” trademark. At the same time HongDao had applied for the design patents “red can label”. However, in 2011 GYG decided to terminate the licence agreement. Further, in 2012 JiaDuoBao launched a red can bearing the “Jia Duo Bao” trademark . GYG filed claims against JDB requesting an injunction to stop the use of the red can design.
The Supreme People's Court described the contributions made by both parties to the value of the red can packaging as follows: GYG had been using the “Wang Lao Ji” characters in a consistent, stable and continuous manner. As a result, the characters had been integrated into the packaging, which had become a source identifier of the product. Therefore, the “Wang Lao Ji” characters were a vital component of the packaging. JDB had made a significant contribution through years of consistent and extensive promotion to ensure that the packaging was clearly identified by consumers as a JDB product.
Therefore the court declared that both parties were entitled to use the red can packaging.
This case reminds trademark owners that where products are sold by a licensee in packaging which differs from that of the licensor, the licensee can claim independent IP rights. The licence agreement should therefore provide that who will remain IP rights including packaging design.

영어초록

In 1995 GuangYao Group signed trademark licence agreements with HongDao for “Wang Lao Ji” trademark. At the same time HongDao had applied for the design patents “red can label”. However, in 2011 GYG decided to terminate the licence agreement. Further, in 2012 JiaDuoBao launched a red can bearing the “Jia Duo Bao” trademark . GYG filed claims against JDB requesting an injunction to stop the use of the red can design.
The Supreme People's Court described the contributions made by both parties to the value of the red can packaging as follows: GYG had been using the “Wang Lao Ji” characters in a consistent, stable and continuous manner. As a result, the characters had been integrated into the packaging, which had become a source identifier of the product. Therefore, the “Wang Lao Ji” characters were a vital component of the packaging. JDB had made a significant contribution through years of consistent and extensive promotion to ensure that the packaging was clearly identified by consumers as a JDB product.
Therefore the court declared that both parties were entitled to use the red can packaging.
This case reminds trademark owners that where products are sold by a licensee in packaging which differs from that of the licensor, the licensee can claim independent IP rights. The licence agreement should therefore provide that who will remain IP rights including packaging design.

참고자료

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