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Scholars Journal of Economics, Business and Management | Volume-4 | Issue-05
The Juristic Analysis on the Package Decoration Case between Wong Lao Kat Limited Company and Jiaduobao Limited Company
Lijuan Wang
Published: May 30, 2017 | 137 79
DOI: 10.36347/sjebm.2017.v04i05.007
Pages: 352-356
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Abstract
The case on package and decoration between Wong Lao Kat and Jiaduobao limited company has raised a series of issues on judicial practices on how to identify well-known products and the belonging of the specific package and decoration. The relative lack of theoretical studies toward such issues in our country makes it hard for the scholars to search for a proper solution. Apart from an introduction of the basic statement of the case, the writer has selected part of its disputed subjects to make an analysis on the ground of evidence accountability, power of proving and legal adaptability. It chose “the recognition standards of customers” as the identification for the belonging of known brands and the theory of “opposition” as identification for the designated package design, which can provide a beneficial alternative for judicial personnel when they are dealing with other difficult cases alike.