Anti-unfair Competition Law In The Role Of Intellectual Property Protection,

The unfair-competition law plays an important role in intellectual property protection, because of it is more flexible than traditional intellectual property law, it can remedy deficiency of intellectual property law's single protection. The problem about how unfair-competition law plays the role in intellectual property protection and about the application of intellectual property law and unfair-competition law, academia lack systemic and deep explanation, and these problems which concern orientation of legislate and application of law have very great realistic meanings. To solve these problems, at first we need to analyse the necessity of unfair-competition law protection, the characteristics of unfair-competition law enables it to make up deficiency of protection to intellectual property law, to improve the intellectual property law . In addition, with the development of market economy the modification of unfair-competition law seems urgent day by day. Intellectual property protection has became an extremely important content of unfair-competition law, but there are still a great deal of deficiency in current unfair-competition law of our country, which leads to Unfair-competition law can't give full play to protect intellectual property. So, I choose" the role in intellectual property-protection of unfair-competition law" as the topic of my paper for Master Degree, attempting to put forward the suggestion on modification of Unfair-competition law for supplementary protection of intellectual property through study the characteristics to unfair-competition law and role in intellectual property protection.This article is divided into four parts, about 40,000 words altogether. The first part analyze the necessity of Unfair-competition law'protection of intellectual property and the reason why the intellectual property law sometimes can't protect the intelligence achievement. The second part summarize the Unfair competition law. This part defines the important concept ofunfair-competition action and its intension and epitaxy, analysis the characteristics of the unfair- competition action; Secondly analyze the elements and types of unfair- competition action. At last investigate the characteristic of Unfair competition law . The third part is about the role of Unfair competition law in intellectual property protection. Unfair-competition law and traditional intellectual property law are similar in the function and protect object. Unfair-competition law remedies traditional intellectual property laws and provide supplementary protection, at the same time Unfair-competition law can improve the intellectual property law. The fourth part : Perfection of Unfair-competition law. Through draws lessons from WIPO Model Provisions on Protection Against Unfair-competition and Unfair competition legislating in various countries, put forward the modification to Unfair-competition law.