Copyright Registration for Packaging Design – Can Infringement Be Addressed
A product’s packaging design may be registered as a work of applied art to obtain copyright protection. The proprietor, a Shenzhen-based technology company, proceeded to commercialize its product bearing the aforementioned packaging design following the issuance of a copyright registration certificate. In such circumstances, the packaging design effectively functions as an indicator (i.e., a trademark), enabling the public and consumers to distinguish the origin of the company’s oral care products from those of other entities. This raises the question of whether a packaging design registered under copyright law may also be deemed to enjoy intellectual property protection equivalent to that afforded to trademarks. If that is the case, would copyright registration alone suffice, thereby eliminating the need for trademark registration?