From the perspective of benefiting the long-term development of enterprises, attaching importance to product design and technology patents and returning to the correct development track must rely on the awareness and protection system of intellectual property protection of enterprises themselves. Intellectual property rights include copyright, patent right and trademark right. Five models of Landwind X7 produced in jiangling motors directly copied the design of Land Rover Aurora, which not only violated the design patent of Jaguar Land Rover's intellectual property rights, but also violated the principles of "good faith" and "recognized business ethics" established in the first paragraph of Article 2 of China's Anti-Unfair Competition Law, causing confusion and unfair competition among consumers.
Second, confusion.
The law defines the concept of "confusion" as one of eleven acts of unfair competition, which is manifested as confusion that can make people mistakenly think that it is someone else's goods or has a specific connection with others. Specifically, confusion requires that the behavior objectively achieves the purpose of making consumers regard another thing as the thing, or that the two things have a specific connection and cannot be effectively distinguished. The word "confusion" belongs to the constitutive requirements of norms, which depends on comprehensive factors such as laws and regulations, social evaluation and judge's value judgment in specific cases. Therefore, taking consumers as the research object, it is objectively assumed that a cautious and rational person has fulfilled his duty of reasonable care in the transaction, and the behavior he can recognize is taken as the evaluation standard. Most consumers believe that the "crash" between Land Rover and Landwind is actually that Landwind copied the models of Land Rover Aurora. Unsurprisingly, the final judgment of the court, this protracted Land Rover Landwind lawsuit seems to have been finalized in the hearts of consumers.
The purpose of law is to protect the rights and interests of legal persons and protect intellectual achievements from illegal persons. The original intention of anti-unfair competition law is to protect the legitimate rights and interests of operators and consumers. No matter in which industry, the protection of independent intellectual achievements is emphasized, enterprises are protected by law to the maximum extent, and consumers are also protected by trust interests. It is no exaggeration to say that consumers are the touchstone of the core competitiveness of enterprises.
Third, why should unfair competition be protected?
In the whole intellectual property legal system, it is of special significance to formulate and improve the anti-unfair competition law.