When the packaging and decoration of goods are patented according to the patent law, they are protected by the patent law and the anti-unfair competition law, which are complementary. Anti-unfair competition law can make up for the shortcomings of patent law and make the market order of orderly and fair competition maintained by patent law more perfect.
The Patent Law is a law that guarantees the patentee to enjoy the patent right (the most important thing is the exclusive use right) for the inventions and creations he owns. In essence, the granting of patent right allows the patentee to have a legal monopoly on the technology involved in the patent, which creates conditions for fair competition in the market. The patent law itself has the function of encouraging innovation and fair competition. The patent law punishes unfair competition behaviors such as counterfeiting other people's patents, impersonating patents and copying other people's patented products for profit, which is conducive to maintaining the fair competition mechanism of the whole society.
However, the patent law only regulates the special illegal activities in market economy activities, but it cannot regulate some behaviors related to patent rights. For example, the patent law cannot be adjusted if the unique packaging and decoration of well-known goods have not applied for a patent for design after the expiration of the patent protection period or have been used by others without authorization, causing misunderstanding among consumers. On the other hand, patent right, as a monopoly right, may hinder fair competition if it is not restricted. Abuse of patent right is unfair competition in the patent field.
Anti-unfair competition law can adjust unfair competition in the patent field, especially can supplement and protect the technical secrets related to inventions and creations in industrial property rights that are not protected by patent law.