I. SPC Approach to Packaging Copyright Disputes (Core Principles)

The SPC generally treats packaging disputes under three overlapping legal frameworks:

1. Copyright Protection (Artistic Expression)

Packaging may qualify as a “artistic work” if it contains:

• Original illustrations
• Graphic design elements
• Label artwork or layout with creativity

👉 Protection is limited to expression, not functional packaging structure.

2. Anti-Unfair Competition Law (Secondary Protection)

If packaging is widely known, protection may extend to:

• “Decorative trade dress”
• Overall visual impression
• Prevention of consumer confusion

3. Design Patent Overlap

SPC often clarifies:

• Packaging can be protected simultaneously by copyright + design patent
• But each protects different aspects (expression vs. appearance novelty)

II. Key Judicial Standards Applied by SPC

The SPC consistently applies these tests:

A. Originality Test

Packaging must reflect:

• Independent intellectual creation
• Minimal creativity threshold (low but necessary)

B. Expression vs Function Rule

• Copyright protects artistic expression
• Not bottle shape, container function, or technical structure

C. Substantial Similarity Test

Courts compare:

• Visual layout
• Color schemes
• Graphic composition
• Overall aesthetic impression

D. Market Confusion Context

In some cases, SPC considers:

• Consumer perception
• Commercial misappropriation of goodwill

III. Six Key SPC Case Laws on Packaging Copyright & Related Disputes

1. Wong Lo Kat vs Jiaduobao (Herbal Drink Packaging Case)

Core Issue: Misappropriation of famous red-can herbal drink packaging.

SPC Holding:

• Packaging decoration of a well-known commodity is protectable
• Copying “overall look and feel” constitutes infringement under unfair competition + copyright overlap

Key Principle:
👉 Protection extends beyond literal copying to distinctive visual identity

2. Kunming Dihon Pharmaceutical Co. v. Hubei Chengtian Pharmaceutical Co.

Core Issue: Similar pharmaceutical packaging design and labeling.

SPC Holding:

• Packaging layout and color combination can be copyrighted if original
• Functional pharmaceutical labeling excluded from protection

Key Principle:
👉 “Functional elements ≠ copyright; artistic arrangement = protectable”

3. “Big Head Son” Copyright Dispute (SPC Retrial Case)

Core Issue: Ownership of cartoon characters used in packaging/branding.

SPC Holding:

• Character illustrations used in packaging are independent copyrighted works
• Lack of written agreement does not negate authorship rights

Key Principle:
👉 Packaging illustrations = independent copyrightable works

4. “One Product Stone” Artistic Packaging Design Case

Core Issue: Artistic calligraphy-style packaging copied in product branding.

SPC Holding:

• Calligraphic packaging design qualifies as artistic work
• Copying stylistic arrangement = infringement

Key Principle:
👉 Typography and stylized packaging graphics can be copyrighted

5. CROSPLUS Furniture Packaging & Applied Art Case

Core Issue: Packaging-like product design treated as applied art.

SPC Holding:

• Applied art packaging can be protected as artwork
• Protection limited to aesthetic elements, not functional structure

Key Principle:
👉 Applied art packaging receives partial copyright protection

6. Henan Bee Industry Co. v. Image Technology Co. (Image Packaging / Labeling Case)

Core Issue: Unauthorized use of product images and label materials in packaging.

SPC Holding:

• Photographic and visual materials used on packaging are copyrighted works
• Unauthorized reproduction of product images = infringement

Key Principle:
👉 Packaging images (photos, labels) are fully protected copyright works

IV. Observed SPC Judicial Trends

1. Expansion of Protectable Packaging Elements

SPC increasingly protects:

• Product labels
• Illustrations
• Advertising graphics on packaging

2. Strong Anti-Copying Policy

Courts penalize:

• “Benchmark copying” of competitors’ packaging
• Intentional imitation of market leaders

3. Functional Limitation Doctrine

Strict separation between:

• Functional packaging structure (not protected)
• Artistic design (protected)

4. Convergence with Unfair Competition Law

Even when copyright is weak, SPC uses:

• Anti-unfair competition law to stop imitation

5. Low Threshold for Originality

Modern SPC view:

• Even modest creative packaging design qualifies for protection

V. Conclusion

The SPC’s jurisprudence shows a multi-layered protection system for packaging:

• Copyright law protects artistic packaging expression
• Unfair competition law protects commercial identity
• Design law protects appearance-based innovation

Together, they form a strong enforcement framework against packaging imitation in China.