Research On Some Judicial Issues About Protection Of Intellectual Property Rights In Law Of Against Unfair Competition

As the symbol of the establishment of against unfair competition law system, Law of the People's Republic of China Against Unfair Competition has been carried out for 17 years. The practice proves that the Law plays an important role on encouraging fair competition, repressing unfair competition acts, and protecting the lawful rights and interests of business operators and consumers. But it is still not completed. The author will give some new opinions relating to some theoretical and practical issues against unfair competition.Part one, starting from the relationship of Law of Intellectual Property Rights and Law of against Unfair Competition, talks about the additional function Law of Against Unfair Competition giving on intellectual property rights. On one hand, they combine together because of the same goal and principle. On the other hand, they make their own price and goal to truth in different ways.In part two, commerce secret problems have been discussed opposing unfair competition legal action. Among them, delivering a lecture to basic concept of commerce secret; making it clear that name list ought to be protected by commerce secret protect system, distinguishing the long-term customer with the short-term one, the former is really but as the object that the commerce secret gives protection. Comment that the assignment of presenting the evidence in infringing upon the dispute of commerce secret.Part three discusses the problems on famous commodity and its special name. To judge one thing is famous or not, we can use "deducing principle on the contrary". To judge a name is special or not, we should consider "use at first" and connect it with the commodity as a whole. The author suggests when right conflicts occur, we ought to think synthetically mistaken factors, influence, region difference, infringement and subjective fault.In part four, problems on profession competition are discussed. Profession competition exists in special subjects who will compete in special management action. The contract of profession competition aims at protecting important commercial secret of the enterprise. It should be put into use to the technical and management staff who probably grasp the commercial secret. Also, the things as follows should be provided in the contract:the range that the quitting person is forbidden to involve in. The compensation ways can be divided into three kinds and use it as the following:actual loss of the right holder, actual profit of the infringing person and certain compensation.