Study On The Unfair Competition Law Protection Of Intellectual Property

Firstly, this article studies the justifiability standard of intellectual property. The source of using unfair competition law to protect intellectual property is the limited justifiability of private right protection mode. If we can protect intellectual property by private right unlimitedly, there will be no space for unfair competition law to play an important role in. Secondly, legal interest is an important concept but it is often be ignored. This article analyzes it and defines it as interest that the law admits negatively and protects more weakly. It also points out that unfair competition law mainly protects competition, which is a kind of social order. The main difference between unfair competition law and civil law that includes patent law and other intellectual property laws is that civil law protects private legal interest while unfair competition law protects social legal interest. Civil law uses private legal interest as the foundation of its protection to social legal interest and unfair competition law take social legal interest as a prerequisite to its protection to private legal interest. Thirdly, this article analyzes the fundamental characteristic of unfair competition law and concludes that the unfair competition law of China is a law to control market behavior and it belongs to economic law. Comparing with intellectual property laws that belong to right protecting law, the special functions of unfair competition law are provide dynamic and indirectly protections to intellectual property and introduce justice idea to the protecting system of intellectual property. Finally, this article studies the main mechanics for unfair competition law to fulfill its functions of protecting intellectual property: general clause and enumerating clause. It points out the internal character of general clause is that the appointment part of it is indefinite but the consequence part is definite. So general clause has a judicial function of restricting discretion of judge while granting it. And we can protect intellectual property that contains legal interest, such as database, by means of adding enumerating clause of unfair competition law. This can also help us to resolve the uncertainty of law.