Research On The Relationship Between The Freedom Of Imitation And Unfair Competition

With the deepening of China's economic reform and rapid development of science and technology,support and encourage people's innovation and entrepreneurship have risen continuously.Due to innovation is to absorb,transform and improve on the basis of learning from and imitating previous knowledge and experience,so the market with the main imitation of the phenomenon will be more common,resulting in conflicts of rights and fuzzy boundaries have gradually increased.However,due to the lack of legislation in our country,especially the anti-unfair competition law on the regulation of improper imitation is not complete,that results over-reliance on the general terms of regulation,and vague understanding of imitate the freedom of the position in judicial practice.That is,the court judges whether an action Constitutes an improper imitation behavior,generally take a simple referee reasoning.The boundaries between fair and unfair imitation conducts are not clearly delineated,with a result that the scope of prohibitions of law is expanded,which is not conducive to the proper coordination of the interests of the parties.Therefore,the author believes that it is necessary to study the imitation of freedom under the perspective of anti-unfair competition law.This paper is divided into three parts: introduction,text and conclusion.The introduction part explains the purpose of this paper and the overview of the current situation of research at home and abroad.The writer aims to provide some advices on the problem of imitation of freedom in judicial practice and the problem of conflict of unfair competition through the study of imitation freedom in anti-unfair competition law.The body of this paper is divided into five chapters.In the first chapter,the writer selects the representative "Ferrero case" as the starting point,focusing on the analysis of the case which reflects the imitation of freedom and unfair competition regulatory boundaries and attitude of the Supreme People's Court to deal with imitation of freedom.The second chapter expounds the concept of imitation,imitation of freedom and the legitimacy of imitation of freedom.The third chapter is the focus of this paper,to imitate the relationship between freedom and unfair competition regulation part.First,imitation of freedom is an important aspect of freedom of competition,and imitation of freedom regaard fairness as the basic standard.Secondly,it focuses on the analysis of the boundaries of imitation and unfair competition and the blurred performance and causes of the boundary.Finally,the imitation of behaviors that constitutes unfair competition is typified.In the fourth chapter,the writer introduces the abroad provisions of the anti-unfair competition law on the imitation of freedom,through the comparison and evaluation of the relevant systems of Germany,Spain and the United States,we can learn from the provisions on imitation of freedom and types of improper imitation behaviors according to German and Spanish legislation and judicial practice..Chapter 5,combined with China's current legislation and judicial practice and learning from the useful experiences outside,the writer believes that China's anti-unfair competition law should be increased by the regulation of improper imitation of the provisions of the list,and improve the general terms to make it more consistent with defination and authorization norms.Other special circumstances other than those listed may still be regulated on the basis of general terms.However,judicial practice should take into account the principle of imitation of freedom,the special circumstances can only be strictly limited cases.At the same time,in the judicial practice,the judge should balance the relevant legal interests,and solve the problem of the boundary between imitation of freedom and unfair competition.The last part is the conclusion.In this part,the writer,based on the analysis of the previous chapters,summed up the main points and reference recommendations of this article.