Conflict And Coordinate Research Between Shanzhai Behavior And Intellectual Property

In recent years, shanzhai issue has become one of the hot topics of concern at home and abroad. The valve of shanzhai behavior is disputed. There are many scholars research shanzhai behavior from linguistics, economics, sociology, law views, but from the perspective of intellectual property law, a more systematic study of shanzhai behavior are rare. Therefore, it is valuable to study on shanzhai behavior. Shanzhai behavior arises from our current economic, social, and legal factors and impacts on China's current economic, legal, and cultural development. But, after all, the impact that conflicts and coordinate with shanzhai behavior and intellectual property, is more important.Firstly, this article analyses the characteristics of shanzhai behavior which is to imitate some of the existing intellectual property rights of innovative behavior, rather than simply counterfeiting, piracy. In addition, the shanzhai behavior also has a short time and low cost characteristics. Then, this cottage based on the current behavior analysis the acts of unlawful shanzhai behavior features of infringement in all types of intellectual property rights. Based on the cases of shanzhai behaviors, this article try to analyze the possibilities of the tort of the shanzhai behavior. Bases on the possibilities, this article analyses the shortage of China's intellectual property system in regulating the shanzhai behavior. Finally, I give some recommendations on Standardize the future development of the shanzhai behavior.