Unfair Competition Related To Intellectual Property Rights And Its Regulation

Intellectual property has become the most important resource of market competition,how to better protect intellectual property rights and its related rights has become a hot issue.Intellectual property law can only be part of the knowledge information to provide legal protection,a part should be protected by law and legal knowledge of information generated by the proprietary rights based on intellectual property rights is also an urgent need to find relevant legal basis,anti unfair competition law can assume this responsibility.The current judicial practice,applicable standards,general provisions applicable dilemma of controversial existence of anti unfair competition law and intellectual property related to acts of unfair competition,the reason is that the law applicable to the confusion of the anti unfair competition law and confusion of intellectual property laws,rights and interests,to solve the dilemma imminent.The anti unfair competition law has the function of restraining the negative externality of the intellectual property right market and restraining the use of other people's labor behavior.The role and function of the anti unfair competition law provides the basis for the regulation of unfair competition related to intellectual property rights.Standard for the unauthorized use of well-known commodity packaging,decoration and infringement of business secret legal type regulation of unfair competition behavior should obey the special provisions,and in general terms as a supplement;regulation of commercial use of the name,the use of well-known works of others due to confusion,registered designs of unregistered trademarks,registered legal standards applicable to others as a famous trademark and other non statutory types of unfair competition behavior is: in addition to comply with the special conditions of using the standard,can be expressed in general terms as the legal basis;regulation of untyped unfair competition behavior should be the general terms used.The general clause is innovative for the key anti unfair competition law,the application needs to take full account of the legitimate interests of operators and consumers,with the principle of good faith,business ethics and behavior whether to restrict the free and fair competition criteria.The general clause should be clear about its flexibility advantages,the scope of a general clause do expand interpretation,maximize its applicable value,restrictions on the other hand to reveal general terms when applicable to prevent improper expansion of the scope of the general clause to avoid possible anti unfair competition law applicable to the case for others.