| The work sign is a concept that combines the concepts and meanings of s igns and trademarks,summarizes the current unfair competition disputes over t he works.Specifically,the work sign refers to a form that can identify the so urce of the work or the author or be associated with the work or the author,and mainly includes the title of the work,the author's signature,and the virtua l characters of the work.The work sign itself contains intellectual labor and business reputation,an d the protection of commercial interests,market value,and other competitive e conomic interests attached to the work sign is consistent with the aim of the u nfair competition to forbid “free rider” behavior.The unfair competition law's protection of works' signs is mainly achieved through obfuscation clauses.The new law's "association confusion" has clearly weakened the requirements of the old law confusion clause "direct competition relations" and has great practical significance for the protection of works' signs.At the same time,the second paragraph of Article 2 of the new law explicitly includes “consumers” in the s cope of protection.However,there are still applicable obstacles,and it is sugg ested that the “presumption of damage” standard and the scope of the litigatio n subject can be adopted when applying the confusion clause.Secondly,the fir st paragraph and second paragraph of Article 2 of the new law are still set ap art,and it is proposed to merge the first paragraph of the second paragraph wi th the second paragraph.With regard to the ambiguity of the protection of the copyright law,the relevant judicial interpretation of the copyright law is to be clarified.The anti-unfair competition law should safeguard its relationship with copyright law as general law and common law.Finally,regarding the issue th at the new law-related terms can no longer apply the original judicial interpret ations,it is recommended that the Supreme People's Court should further define. |
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