Legal analysis: For the protection of intellectual property rights of food, food enterprises can fully protect their design creativity and entrepreneurial spirit only by applying for a patent for food packaging design. The patent for outer packaging is actually a patent for design. For the design that the pattern, color or the combination of the two of the outer packaging printed matter mainly plays the role of identification, it is impossible to apply for an appearance patent only for the design of the plane printed matter that uses the pattern, color or the combination of the two mainly plays the role of self-identification.
Legal basis: Intellectual Property Law of the People's Republic of China Article 1 This Law is formulated in accordance with the Constitution in order to protect the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encourage the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promote the development and prosperity of socialist culture and scientific undertakings.