Passing-off of Well-Known Products

To enable a better understanding of the regulations in China regarding the passing-off of well-known products, the following hypothetical case may prove useful. Company A initiated a new wine product in China with packaging that was modelled on a well-known wine product owned by Company B from a neighbouring country. The packaging of the new product was based on a design similar to the packaging of the product of Company B. Prior to the launch of the new wine product, Company A applied for an external design patent for the new design of the wine label. The application was approved by the China Patent Office and an external design patent certificate was granted to Company A.