Why Mengniu Yili is not a patent case but unfair competition?

Patent and unfair competition belong to different fields. For patent infringement disputes, it involves the identification of users and sellers of infringing products and the responsibility of both parties. Unfair competition disputes involve well-known services and their unique decoration and publicity image, as well as the identification and protection of well-known enterprise names.

The dispute of Yili Mengniu lies in whether the packaging and decoration of children's milk introduced by Mengniu are the same as or similar to QQ Star, belonging to similar products, and whether they will be confused with the general public and belong to the content of the anti-unfair competition law.

Mengniu Company launched similar products later than Yili Company, and the products involved in Yili Company are well-known and the packaging and decoration are obviously unique. Due to the fierce competition between Mengniu Company and Yili Company for a long time, Mengniu Company can't be unaware of the packaging and decoration of the products involved in Yili Company, and there is malice of sticking people.

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