When a design or product that is part of your IP or key business assets cannot be protected in China as a trademark or copyright, or when protection terms have lapsed on a design patent, it is best to create a case for Packaging and Decoration of a Product With Certain Level of Reputation (PDPR) to ensure protection and enforcement of trade dress rights in China.
In China, trade dress is known as Packaging and Decor to a Products with Certain Levels of Reputation (PDPR). PDPR can only be obtained through commercial use of the product in mainland China, not by registration.
In most circumstances, to establish PDPR the brand owner must file a civil lawsuit against the copycat under Anti-Unfair Competition Law, and the judge recognized the PDPR through the judgment. The brand owner may also use the judgment to take raids and enforce other pirated acts through the Market Supervision Administration.
In recent court judgments, PDPR has been extended to cover all types of packaging and designs. China courts have protected these in different judgements under PDPR.
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