论反不正当竞争中的知识产权问题

知识产权法与反不正当竞争法中的权利具有本原权利与救济权利之分,但两部法律在功能目标与保护对象方面有相通之处。我国的竞争立法,应采取规制不正当竞争行为与规制限制竞争及垄断行为的分别模式,扩大反不正当竞争法的适用主体范围,注意反不正当竞争法与相关民事立法的衔接和协调。在制裁不正当竞争行为方面,可考虑增加侵权行为认定的概括式条款,同时着力解决网络环境下反不正当竞争法面临的知识产权保护的新问题。

Intellectual Property Issues Concerned with Unfair Competition

Great disparity exists between intellectual property and competition act as to the issues of rights and remedies,but there is still some consistence in their functions,aims and protective objects.China's competition act should,based on the idea to separate anti-competitive behavior,restrictive practices and anti-trust affairs,extend the ambit of the objects that the competition act aims to fight against while paying heed to coordination and compliance of competition law and civil law.General provision of torts may be added to the competition act to strengthen sanctions against unfair competitive behaviors.Also,solution of intellectual property issues newly confronted in battles against unfair competition under network environments should be emphasized.