关键词: 添附, 商业标识, 包装装潢, 利益平衡

Abstract: Conflicts of the ownership and sharing of benefits arise frequently after the combination of different commercial marks and labour, however, China′s existing protective paths tend to the one-sided protection of the rights and interests of a particular subject resulting in imbalances of interest or share the rights and interests of commercial marks by the parties, which isn′t conducive to its subsequent dynamic transfer. The current legal rules fail to provide effective guidance, so that in the judicial practice the plights of application of law have appeared, such as the cases of package and decoration between GPHL and JDB corp. To solve these problems, it is essential to introduce the accession rules into the future Part of Property Right of the Civil Law through the blend of legislative model. Following the arbitrary norms that the parties′ agreements are prioritized should mainly base on the transformation test and partially base on the disparity-of-value test to decide whether the accession things have been formed, then the party who makes a greater contribution owns the exclusive rights of the commercial marks, and the party shall make up for the other party′s corresponding input and income.

Key words: accession, commercial marks, package and decoration, balance of interests