Study On The Relationship Between Intellectual Property Law And Anti-unfair Competition Law

With the advent of knowledge economy and economic globalization, ACTS of unfair competition for regulation and protection of intellectual property rights have equal importance. At present, China's intellectual property system is mainly focused on intellectual property protection of intellectual property rights, besides the traditional three system-patent law, the copyright law, the trademark law protect the intellectual property rights, anti-unfair competition law also provides of intellectual property protection of a supplement, actually, anti-unfair competition law is also stems from its birth of intellectual property protection, the protection of intellectual property rights is still countries anti-unfair competition legislation center. Thus, anti-unfair competition law and intellectual property have a close relationship. This article is from anti-unfair competition law and the relationship of intellectual property law, analyze the perspective of many differences and similarities from the theory, thorough research anti-unfair competition law and intellectual property, and the relationship between this two laws about how to perfect our country anti-unfair competition law to protect intellectual property are discussed in this paper.This paper is divided into five parts. The first part is the introduction respectively, basic introduction to the theory about the intellectual property right law and anti-unfair competition law, and expounds the significance of the two laws'relationship clearly, illustrates purely in a private rights protection of intellectual property limited form of rationality is intellectual property protection, against unfair competition pattern of the emergence and development deep basis, anti-unfair competition law in intellectual property protection field play an important role. The second part of intellectual property and analyzed the difference anti-unfair competition law, mainly from legislative breakthrough point, adjusting object, legal characteristics, protecting interests, rights protection mechanism and emphases six aspects such as legislative technology deep discusses the two laws, and the differences of the reason of deviation in-depth analysis and summary. The third part about the purpose of legislation, guiding principles, value orientation, content, both in promoting innovation, promoting competition and protecting consumer rights concrete analysis on six aspects of intellectual property and anti-unfair competition law, and the similarities to the internal connection there was summary. The fourth part is firstly analyzed and intellectual property related unfair competition in China, then the relationship existing anti-unfair competition law ACTS of unfair competition, cannot narrow definition of regulating the operators of the concerning intellectual property rights in ACTS of unfair competition, the lack of about unfair competition general terms and the corresponding legal responsibility, cannot the law enforcement agencies established highly authoritative many imperfections are analyzed. To strengthen the protection of intellectual property, we can draw lessons from establishing world intellectual property organization convention and European countries and the United States, according to the advanced practice in the anti-unfair competition law the deficiency of improving suggestions, such as expanding adjusting scope of subject, established ACTS of unfair competition that the general clause of ACTS of unfair competition, thinning the kinds, through the legislative explanation or judicial interpretations, strengthen guidance, perfect law enforcement system and the provisions of the relevant legal responsibility. The fifth part is to generalize summary, based on the analysis of the intellectual property right law and anti-unfair competition law, the difference between the similarities, although the basis of intellectual property and anti-unfair competition law in the difference for a period of time in future will continue to exist, but that connection will increasingly close, intellectual property and anti-unfair competition law from different angle, the protection of intellectual property rights holder of the role of play to their respective, only comprehensive use the two legal system to protect their own interests fully.