World Trademark Review 14
Country correspondents
Design and trade dress
China - Kangxin Partners PC
Trade dress can be registered in China as trademarks or design patents. It is more commonly protected under the Anti-unfair Competition Law. However, enforcing rights under that statute may prove to be a higher hurdle to negotiate than enforcing registered rights as it requires evidence that the trade dress is unique and applies to a famous commodity
Protection for designs and trade dress in the European Union is possible through various means. This article looks at the key systems available and highlights the benefits of each
As in most jurisdictions, the appearance of a product may be protected in Germany under various IP laws and unfair competition law. The courts, in particular the Supreme Court, have developed extensive case law in relation to trade dress protection
Trade dress law is protected under common law principles in India. Recent case law has addressed some important issues, but divisions remain
While trade dress is not recognized as such by Italian law, the appearance of a product may be protected under trademark law, model and design law, copyright law and unfair competition law
Mexican law provides protection to designs used as trade dress for both products and services by virtue of industrial design, copyright, trademark or unfair competition law
