After a hundred years, the packaging industry has become one of the "sunrise industries" in the world economic development process. With the increase of its economic status, the economically developed countries have all attached great importance to the legislation of packaging design and its research work. The United States, the United Kingdom, France, Switzerland, Canada, and Japan have all developed their own packaging laws in accordance with international packaging regulations and standards. They have also set up "packaging regulations" courses in the university's packaging profession and have enthusiastically discussed the legal issues in packaging design in the media ( For example, the issue of PVC bans recently discussed in the UK Packaging Magazine promotes the healthy development of the packaging industry.
In the ranking of 40 major industries in China's national economy, the packaging industry has taken the 14th place. However, compared with economically developed countries, China's packaging legal research has lagged behind. At present, there is no complete packaging method in China. The research on packaging design only stays at the technical level, seldom involves the legal issues in packaging design. According to the author's search, in the field of packaging, there have been no more than 15 studies on legal issues in packaging design. In 1984 and 2000, China Packaging Technology Association twice organized and organized 13 national textbooks for the packaging profession, and selected only the "Trademark Law" and the "People's Republic of China" in the "Basics of Packaging Modeling and Decoration Design." Part of the standard terms.
The market economy is the legal economy. After China's accession to the WTO, China's packaging industry will gain greater room for development and face greater challenges. In line with international regulations and standards, the study of legal issues in packaging design will promote the steady and benign integration of China's packaging industry into the international market.
The legal issues in packaging design mainly concern legal issues such as trademark rights, patent rights, copyright, the right to stop unfair competition, consumer protection, environmental protection, and product quality standards. Specifically, these legal issues include:
1, packaging design and trademark rights. This is the most abundant content of legal issues involved in packaging design. Such as international treaties and extraterritorial laws, customs, commodity decoration, geographical indications, anti-dilution of well-known trademarks and trademark banned clauses; the new trademark law made great changes to Trips ("trade-related intellectual property agreement") Such as adding three-dimensional trademarks, color combination trademarks, etc., are worthy of careful consideration and attention from packaging designers.
2, packaging design and design protection. The Paris Convention, as a minimum requirement, stipulates that all member states must protect industrial designs. However, the way in which countries protect industrial designs is not the same, and our country is protecting designs in the patent law. However, the acquisition of such rights is conditional, and Trips protects this right while also restricting the conditions. Packaging design will involve these legal content.
3, packaging design and copyright. If the packaging design involves art works, it may enter the field of copyright protection, or there may be intricate legal relationships involving the overlapping protection of trademarks, patents, and copyrights.
4, packaging design and anti-unfair competition. Commodity packaging and product ontology for sale exist as a product for market exchange. The use of packaging to participate in market competition is a common means of market competition. However, false text descriptions are used in packaging design; certification marks and production license signs that falsify or fraudulently use quality products will involve the contents of the Anti-Unfair Competition Law.
5, packaging design and protection of consumer rights. Safeguarding consumer rights is the most essential ethical connotation of packaging design. However, it is not uncommon in real life to increase the virtual volume inside the packaging, reduce the number of commodities, and design the packaging of counterfeit and shoddy products. Strengthening the study of consumer rights protection in packaging design is a rational demand of the rule of law society.
6, packaging design and international standards. There is still a certain gap between the international standardization of China's commodity packaging and that of ISO, which has blocked the channels for commodities to enter the international market. Especially in the implementation of the quality standard ISO9000, the environmental protection standard ISO14000, the safety standard ISO16000 and so more obvious. However, China has officially become a member of the International Organization for Standardization Organization Packaging Technology Committee (ISO/TC122), which has created conditions for China to implement international packaging standards.
7, packaging design and environmental protection. Developing green packaging, protecting the environment, and promoting the sustainable development of the society is a hot issue of global concern. “Green packaging†should start with packaging design. For example, the selection of packaging materials, the disposal of packaging waste, and the appropriateness of packaging should be There are laws to follow and laws to follow.
8, the issue of packaging legislation. In the market economy and society, all the behaviors of the market entities must be subject to corresponding norms of behavior, that is, legal norms. The contribution of packaging legislation in economically developed countries to the development of the packaging industry also proves this point. As an important industry in the national economy, it is necessary for us to formulate an industry-wide packaging law to fill the gap in China's packaging law. Its legislative practice can draw lessons from international conventions, advanced experience and technology of the packaging legislation of developed countries, and comprehensively consider all legal issues in China's packaging industry.
So far, there are more than 20,000 packaging enterprises in the county and 2.5 million people in China. Packaging has become a comprehensive horizontal type of important industry involving dozens of departments including commerce, petrochemical, agriculture and forestry, light industry, foreign trade, machinery and electronics, pesticides, medicine and health. Some people predict that China in the 21st century will become the largest commodity packaging market in the world. However, the cultivation of the market needs to improve the legal system, and the legislation for packaging is a successful experience in the development of the packaging industry in developed countries. In the area of ​​packaging design, studying the legal issues in packaging design will make packaging design break through the limitations of the technical level and get further sublimation from the perspective of law. As far as the industry is concerned, the research on packaging legal issues will also provide a theoretical model for China's packaging companies to comply with the rules of the game, face the stage of international competition, and enhance their ability to resist risks. To fill the gap in China's "packaging law", the study of packaging law issues will also provide constructive suggestions for the introduction of China's "packaging law."
In the ranking of 40 major industries in China's national economy, the packaging industry has taken the 14th place. However, compared with economically developed countries, China's packaging legal research has lagged behind. At present, there is no complete packaging method in China. The research on packaging design only stays at the technical level, seldom involves the legal issues in packaging design. According to the author's search, in the field of packaging, there have been no more than 15 studies on legal issues in packaging design. In 1984 and 2000, China Packaging Technology Association twice organized and organized 13 national textbooks for the packaging profession, and selected only the "Trademark Law" and the "People's Republic of China" in the "Basics of Packaging Modeling and Decoration Design." Part of the standard terms.
The market economy is the legal economy. After China's accession to the WTO, China's packaging industry will gain greater room for development and face greater challenges. In line with international regulations and standards, the study of legal issues in packaging design will promote the steady and benign integration of China's packaging industry into the international market.
The legal issues in packaging design mainly concern legal issues such as trademark rights, patent rights, copyright, the right to stop unfair competition, consumer protection, environmental protection, and product quality standards. Specifically, these legal issues include:
1, packaging design and trademark rights. This is the most abundant content of legal issues involved in packaging design. Such as international treaties and extraterritorial laws, customs, commodity decoration, geographical indications, anti-dilution of well-known trademarks and trademark banned clauses; the new trademark law made great changes to Trips ("trade-related intellectual property agreement") Such as adding three-dimensional trademarks, color combination trademarks, etc., are worthy of careful consideration and attention from packaging designers.
2, packaging design and design protection. The Paris Convention, as a minimum requirement, stipulates that all member states must protect industrial designs. However, the way in which countries protect industrial designs is not the same, and our country is protecting designs in the patent law. However, the acquisition of such rights is conditional, and Trips protects this right while also restricting the conditions. Packaging design will involve these legal content.
3, packaging design and copyright. If the packaging design involves art works, it may enter the field of copyright protection, or there may be intricate legal relationships involving the overlapping protection of trademarks, patents, and copyrights.
4, packaging design and anti-unfair competition. Commodity packaging and product ontology for sale exist as a product for market exchange. The use of packaging to participate in market competition is a common means of market competition. However, false text descriptions are used in packaging design; certification marks and production license signs that falsify or fraudulently use quality products will involve the contents of the Anti-Unfair Competition Law.
5, packaging design and protection of consumer rights. Safeguarding consumer rights is the most essential ethical connotation of packaging design. However, it is not uncommon in real life to increase the virtual volume inside the packaging, reduce the number of commodities, and design the packaging of counterfeit and shoddy products. Strengthening the study of consumer rights protection in packaging design is a rational demand of the rule of law society.
6, packaging design and international standards. There is still a certain gap between the international standardization of China's commodity packaging and that of ISO, which has blocked the channels for commodities to enter the international market. Especially in the implementation of the quality standard ISO9000, the environmental protection standard ISO14000, the safety standard ISO16000 and so more obvious. However, China has officially become a member of the International Organization for Standardization Organization Packaging Technology Committee (ISO/TC122), which has created conditions for China to implement international packaging standards.
7, packaging design and environmental protection. Developing green packaging, protecting the environment, and promoting the sustainable development of the society is a hot issue of global concern. “Green packaging†should start with packaging design. For example, the selection of packaging materials, the disposal of packaging waste, and the appropriateness of packaging should be There are laws to follow and laws to follow.
8, the issue of packaging legislation. In the market economy and society, all the behaviors of the market entities must be subject to corresponding norms of behavior, that is, legal norms. The contribution of packaging legislation in economically developed countries to the development of the packaging industry also proves this point. As an important industry in the national economy, it is necessary for us to formulate an industry-wide packaging law to fill the gap in China's packaging law. Its legislative practice can draw lessons from international conventions, advanced experience and technology of the packaging legislation of developed countries, and comprehensively consider all legal issues in China's packaging industry.
So far, there are more than 20,000 packaging enterprises in the county and 2.5 million people in China. Packaging has become a comprehensive horizontal type of important industry involving dozens of departments including commerce, petrochemical, agriculture and forestry, light industry, foreign trade, machinery and electronics, pesticides, medicine and health. Some people predict that China in the 21st century will become the largest commodity packaging market in the world. However, the cultivation of the market needs to improve the legal system, and the legislation for packaging is a successful experience in the development of the packaging industry in developed countries. In the area of ​​packaging design, studying the legal issues in packaging design will make packaging design break through the limitations of the technical level and get further sublimation from the perspective of law. As far as the industry is concerned, the research on packaging legal issues will also provide a theoretical model for China's packaging companies to comply with the rules of the game, face the stage of international competition, and enhance their ability to resist risks. To fill the gap in China's "packaging law", the study of packaging law issues will also provide constructive suggestions for the introduction of China's "packaging law."