The General Clause Of Anti-unfair Competition Law And The Development And Perfection Of Intellectual Property Law

With the development of market economy and scientific technologyadvancement, a large number of new style of unfair competition cases are constantlyemerging. Some of them concerning with disputes of the intellectual propertyprotection, becoming a outstanding problem in the China Anti-Unfair Competitionarea. Chapter2of the China Anti-Unfair Competition Law illustrates11typicalbehaviors of unfair competition. However, it’s obviously not as many types aspractical unfair competition behaviors. The Anti-Unfair Competition Law hasn’t beenamended since it was enacted in1993, because its Clause1and Clause2of Article2is regarded as the general clause to adapt to the need of the development of the society.The general Clause plays an significant role in juridical practice, making theAnti-Unfair Competition law with the quality of openness and tolerance, and itbecomes a vital legal basis of the intellectual property protection.The Anti-Unfair Competition Law establishes basic principles, in the forms ofgeneral clauses, of the intellectual property system. General principles providesmarketing competitors of value standards, as the save clause, playing a subsidiary role.In additional, it is one of the principles to settle disputes of intellectual propertyprotection rights.As the core of the Anti-Unfair Competition Law, the general clause plays aimportant role in the development and perfection of Intellectual Property Law.Currently, there are different types of intellectual property rights firstly beingprotected based on general principles, including Domain Name, Shop name, originaldata base, reverse passing-off and inappropriate network connection. The generalclause becomes a growing point in the Intellectual Property law system.Cases play an important role when new types of intellectual property rights areintroduced into the adjustment of intellectual property system. Since judges bring in averdict referring to previous similar cases, clauses of new types of intellectualproperty protection becomes more and more specific and clear, which is accepted bylaws. In this article, I will explore unfair competition actions concerning tointellectual property protection and different intellectual property protection regulatedby the general principles, which is not written into the intellectual property systemwith the cases research method, including comparative commercials, business marks,marginal works, software conflictions and so on.By combining these precedents and theoretical research, this paper holds that should improve the general clause itself, including clear its application scope,applying conditions and add unfair competition provisions relating to intellectalproperty, in order to achieve better protection of the intellectual property.