Status Quo of Patent Approval of Tobacco Packaging Design in China

China is the world’s largest tobacco producer and consumer. After China’s accession to the WTO, although foreign tobacco smoke is not enough to change China’s existing tobacco pattern within 3 to 5 years, it is precisely the reshuffle of the Chinese tobacco market and the industry’s realignment. During the important period, the fierce competition for the domestic terminal cigarettes and foreign cigarettes for the retail terminal market has also begun.

In order to share as much market share as possible to retain the brand, each tobacco factory in China has shown great prowess in advertising, packaging, and dissemination. The tobacco packaging market in China has also experienced an unprecedented prosperity. The packaging even far exceeds the packaging level of some international brands, and domestic tobacco packaging has set a precedent for the world's packaging. Zhao Jiaxiang (1999) stated in the book “Review and invalidation of design patents” the conditions for the authorization of design patent rights. Article 23 of the Patent Law stipulates: “The patented design shall be published at home and abroad before the application. The publicly-published or domestically-used designs are either not identical or similar." But the authorization of domestic tobacco packaging design patents is very few, and most tobacco companies authorize zero authorization for the patent. What are the reasons?

Domestic and foreign ownership of the patent
The first patent law of our country was formally implemented on April 1, 1985, and China's first tobacco packaging design was specially authorized on August 10, 1986 (patent number: CN8530045 2). The scope of tobacco packaging covered by this article is the 27 categories of “tobacco and smoking utensils” in the International Design Classification. This article only deals with cigar boxes, cigarette packs, tobacco cans, and cigarette packs with medium 06 items. Therefore, this article does not include design patent research of other sub-items. Gao Lulin (2000) described the definition of design in the Chinese Patent Tutorial "Patent Law Interpretation" (Chinese Patent Law, Implementation Regulations, Article 2, Section 3). The design refers to the product's form, pattern, color or It combines a new design that can be made aesthetically pleasing and suitable for industrial applications. Zhao Jiaxiang (1999) described design as an indispensable part of industrial product design in the book “Review and invalidation of design patents”, which not only plays a role in beautifying products, but also enhances the market competitiveness of products. Its role has become increasingly apparent in today's fierce market competition. The development of science and technology and the large-scale industrialization of production have led to a convergence of the internal components of many products, and design has often become the most important competitive means of manufacturing these products. In recent years, people have been delighted to see that in addition to the intrinsic quality of commodities on the Chinese market, their appearance has become more and more beautiful. However, we should also note that due to the short history of China’s patent system, many companies or individuals do not fully understand the legal and practical issues concerning the protection of design patents in terms of the authorization of design patents, and some people do not know clearly how to obtain them. The conditions of design patent rights, some people can not correctly grasp its scope of protection, resulting in blindly applied for or lost the right to get, and even cause infringement to others.

China's tobacco manufacturing enterprises own the authorization status of this patent, which is still at a very early stage compared with some internationally-known multinational companies. Even some companies have almost zero patent work. The main reason is that the intellectual property awareness is relatively weak overall. The patent level is relatively low, the proportion of service inventions is small, the incentive mechanism for developing independent patents is lacking, the patent strategy is lacking, and the orientation of corporate science and technology behavior needs to be adjusted. Since the accession to the WTO, more and more internationally renowned foreign brands have entered the Chinese market, such as Philip MO (PM-Marlboro, L&M), British American Tobacco (BAT-555, Kent), and Japan Tobacco, which sell brands in China. Foreign cigarette companies such as JT-Soft Genomics and RJR-Camel all pay enough attention to design patents to ensure their own interests. There is still a big gap between the tobacco industry in China and foreign tobacco. The patent layout usually precedes the market for several years. The Japanese tobacco patent in China is more focused on the end of the last century, and so far its growth rate is still very fast. Therefore, if China’s tobacco manufacturing companies want to make rapid progress, they need to standardize the competition order to highlight brand personality and brand style, and this patent authorization is the most effective means of self-protection for tobacco manufacturing companies and designers for their intellectual achievements, so that their rights and interests are legalized. Protection, and help promote the innovation enthusiasm of tobacco manufacturing companies and designers, and increase the added value of tobacco products. Zhao Jiaxiang (1999), Director of the Appearance and Appeal Division of the Patent Reexamination Board of the State Intellectual Property Office (1999), stated in the book “Review and invalidation of design patents” that companies should respect knowledge, respect talents, pay attention to the introduction of talents, and introduce new technologies to them. Constantly improve the quality of product design. Comrade Deng Xiaoping pointed out in 197 years ago that "the key to our modernization is science and technology. If we can't develop science and technology without education, we can't realize modernization by relying on empty things. We must have knowledge and talent." Enterprises must get rid of obsolete frames. The bondage must take a scientific attitude toward all achievements of human civilization, analyze market demands in a realistic and realistic manner, and earnestly study the status quo of technological design. Designers should participate in the production decisions of enterprises, so that they can give full play to their intelligence and creativity in production practice. Enterprises should place designers in the leading position in the development of production, and pay attention to constantly improve their ability and level of design products, so that they have time for further studies, research, information collection, visits to exhibitions and academic activities, but also pay attention to the establishment of a sound designer Required information, information management work. Further work on the rewards for design results will break down the rules and use the economic benefits generated from the design and production as the basis for rewards. The patented design of an enterprise must be strictly enforced in accordance with the provisions of the patent law for the design of the invention of the person in charge of the service, in order to encourage the designer's creative work.

Hu Zuochao (2001) mentioned in the book “PATENT MANAGEMENT” that if we do not formulate a corresponding patent strategy as quickly as possible from government departments to enterprises, the result of this situation will continue to develop, and it will make us many industries. The technological advancement and development of many of the technological areas are blocked and restricted by these foreign patented technologies. We will likely lose the dominant right of our own technological advancement and will make our country’s vast market occupied by developed western technology countries. Our national industry’s Development and progress will pay a high price for this. Therefore, the situation we face is severe. The patent crisis is stepping closer to China's tobacco manufacturing companies. First, companies have no sense of urgency, and competition is an inexhaustible motive force for development. The company has not really felt the pressure from market competition. In layman's terms, it is still decent and what will happen tomorrow. We haven’t considered it yet. Second, we haven’t used the vision of development, we haven’t seen the problem from the perspective of corporate development strategy, we haven’t realized the competition in the future, we’re not going to do it now, and the day when the competition has intensified is already too late. The idea of ​​eagerness for quick success and instant benefit is to blame, thinking that it takes a lot of time and costs to engage in R&D, and that it is better to use other people's technology to import it. Isn't it better? But it is not known that technological innovation is a long-term accumulation process. Without this foundation, it is impossible. As far as China Tobacco is concerned, is this crisis from this patent to be spared?

At present, the competition of tobacco companies in China is not only the competition of resources and labor resources such as capital, raw and auxiliary materials, but also the competition of technological capabilities, knowledge capital, and human capital. The innovation of this patent and the scientific and technological content of its products are increasing. The more dominant it is. The patent's innovation capability of a company has a lot to do with the quantity and quality of intellectual property owned and applied. The number of patented technologies and the number of non-patented technical achievements of an enterprise are important indicators of an enterprise's R&D capabilities, and are also an important indicator of an enterprise's scientific and technological strength. The implementation of this patent strategy by tobacco companies, the increase of research on original technologies and methods, and the rational formulation of scientific research achievements and protection strategies for the property rights of such patents are the necessary means for enterprises to enhance their core competitiveness in domestic and foreign market competitions. Expand the company's talents, technology, market, and other advantages, and improve the company's ability for continuous innovation.

Hu Zuochao (2001) mentioned in the book “PATENT MANAGEMENT” that under the situation where the globalization of trade and the process of liberalization have accelerated significantly, and the role of tariffs and traditional non-tariff barriers has been declining, western developed countries are seeking to win world-wide competition. Advantages have been adjusted to their respective strategies. On the one hand, they focus on scientific breakthroughs. On the other hand, they pay more attention to technologies with competitive advantages, especially the development and application of high-tech technologies, and obtain patent protection to gain the initiative in international market competition. . Tang Anbang (2003) stated in the book “Analysis of the Case of Intellectual Property Judgment” that whether to infringe a design patent right according to the Chinese patent law and relevant laws and regulations is based on whether the perpetrator used the same or similar patent. The appearance of the design to determine. When reviewing whether the design of the allegedly infringing product is the same as or similar to the right holder’s design patent, the two designs should be examined for the same or similar shapes, patterns or their combinations or their combinations with colors. When text is used as a pattern, it is examined as a pattern. The text that is not a pattern is not within the scope of the design review, but is protected by additional laws and regulations. Judging the similarity of appearance design should focus on the overall consideration and observe from the perspective of general buyers.

The view that "the third-rate enterprises are hard-working, the second-rate enterprises are selling products, the first-class enterprises are selling technology, and the first-class enterprises are selling patents" is biased, but in a certain sense, the company's patent strategy and the importance of the patented technology are emphasized. At present, some multinational corporations have started to file lawsuits against Chinese enterprises on various patent infringement issues. Many domestic companies have paid a huge price for this. Therefore, it is imperative that technology-based companies formulate and implement this patent strategy. Only with certain technological innovation capabilities, developed its own technology, and protected by the patent system, survival and development can be guaranteed, otherwise it may be passively beaten. There will also be independent intellectual property rights in the imitation process. In the process of learning and imitation, tobacco companies should integrate their own advantages through sensible introduction and clever imitation, re-create and acquire independent intellectual property rights, increase the company’s accumulation of patents, and lay a solid foundation for original innovation and access to the patent. . The patent emphasizes practicality, but basic research in the tobacco field is extremely important and there is no potential for development without basic research. To break through foreign patent barriers, enterprises need the openness of the scientific research environment, the dynamization of human resources, the reintegration of scientific research resources and the sharing of achievements, the establishment of a competition and cooperation mechanism among technology alliances among enterprises, and the acceleration of the implementation of this patent strategy. Independent intellectual property rights. The establishment of this patent protection emergency mechanism and early warning mechanism is an important part of the company's patent strategy. In the face of foreign companies' “pating” patent attack, Chinese tobacco companies have shown obvious deficiencies. They are: weak awareness of patents, weak ability for independent innovation, poor ability to use patent strategies, and low patent conversion rate. We must do relevant work in a targeted manner to completely change this unfavorable situation.

Five top domestic tobacco companies:

Yuxi Hongta Tobacco Group Co., Ltd. has now developed into the largest cigarette maker in China, the first in Asia, and ranked in the forefront of the world's tobacco processing industry. It has 4 patents and its main authorization is concentrated in 2001-2002. Major brands: "Hongtashan" series, "Yuxi" series, "Ashima" series, "Hongmei" series, "Congratulations to the new tower" series, "Maideng" series, "Guobin" series.

Shanghai Tobacco (Group) Company owns the