Intellectual property rights (IPR) infringements against consumer goods in China come mainly in the form of counterfeits. However, infringement is sometimes not so clear cut. Infringers may target the packaging and visual presentation, rather than the actual contents, functional design, and trade mark logo of a product. For many consumer goods, packaging can be key to the identity of the product and thus its market appeal, meaning a potential loss of sales and harm to the original producer’s reputation if counterfeits reach the shelves.
Appearances do matter!
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