Anti-unfair Competition Law Of The Protection Of Intellectual Property Rights

To protect the legitimate rights and interests of intellectual property, encourage innovation to promote the social progress, is the most important function of special law of intellectual property rights, but due to the lack of the protection of traditional intellectual property law itself exists, need to supplement anti-unfair competition law protection function. As modified "anti-unfair competition law" to the construction of a high, about the protection of intellectual property rights and perfect anti-unfair competition law increasingly heated discussions, but unfortunately, due to the understanding of some important basic problem of deviation, various discussions led to a seemingly warm is difficult to form the real battle, it was more serious in the cognitive confusion, bring a lot of confusion to the legislative and judicial practice. It is necessary for us to these easily confused basic problems radically, that can discuss further. This paper tries to from the intellectual property rights(anti-unfair competition law) characteristics, analysis of traditional intellectual property law for protection of intellectual property products demonstrate play anti-unfair competition law supplement the necessity of the protection of intellectual property rights, as well as in the case of competition law in the judicial practice how to apply law, propose solutions, and draw lessons from other countries’ legislation and international conventions of practical experience and relevant theory, the improvement of the anti-unfair competition law of our country put forward their own Suggestions.In this paper, we study the protection of intellectual property rights in the anti unfair competition law from five parts:The first part puts forward the problem of the protection of intellectual property rights in the anti unfair competition law, and discusses the purpose and significance of the study, and puts forward the methods and innovations of this paper.The second part focuses on the relationship between anti unfair competition law and intellectual property law were analyzed by the theory of anti unfair competition law and intellectual property law analysis, pointed out that the relationship between each of the anti unfair competition law and the copyright copyright law, trademark law and patent law, in order to understand the China’s Anti Unfair Competition Law on the protection of intellectual property rights situation, eventually through theoretical knowledge related and exploratory research, put forward reasonable suggestions.The third part focuses on the analysis of the unfair behavior in the field of intellectual property rights. At present, the acts of unfair competition in the field of intellectual property, the most significant is irregularities in copyright, patents, trademark right and the right, as long as the in-depth research in the field of intellectual property of improper behavior, so as to further study anti unfair competition law in the protection of intellectual property rights.The fourth part mainly from China’s Anti-Unfair Competition Law Protection of intellectual property rights in the present situation and the defect of analysis, specifically is from the Anti Unfair Competition Law of trademark, commercial secrets, goodwill and commercial formulation of the protection status of in-depth study. In addition to the anti unfair competition law in the protection of intellectual property rights defects were analyzed, the defect is mainly manifested in the following aspects: Anti-Unfair Competition Law of intellectual property protection in a narrow range, anti unfair competition law defining the subject of acts of unfair competition is too narrow, the anti unfair competition law in lack of general terms and the legal liability provisions and anti unfair competition law lack of provisions on the high authority of law enforcement agencies, these deficiencies, resulting in the anti unfair competition law to protect intellectual property rights of missing.The fifth part is the focus of this paper, based on the research above, this paper put forward the improvement measures, including strengthen China’s "Anti Unfair Competition Law" and in the field of intellectual property law connection, further reasonable definition of commercial secret protection from the elements, expand the scope of business secret protection, broaden the anti unfair competition law, the scope of application, unfair competition acts of the general clause of anti unfair competition law and regulations to further improve and integrate law enforcement agencies setting and power distribution. Hope that through the study of this paper, to provide a reference for the relevant theoretical research, the protection of intellectual property rights of the people, and promote the improvement and development of China’s intellectual property law.