论商业文化的法律保护

商业文化是企业生存与发展的深厚动力,然而目前不正当竞争行为极大地影响了它的发展。商业文化作为一种劳动成果,与知识产权有着天然的联系,用知识产权法律体系保护商业文化有一定的正当性。此外,《反不正当竞争法》兼具了公法与私法的属性,与保护商业文化的本质相对应,以此为主要的法律途径来保护商业文化是合适且可行的。

On the Legal Protection of Business Culture

Business culture is the driving force for enterprises to exist and develop.However,the current unfair competitions have badly influenced its development.As a kind of labor fruit,business culture naturally is connected with intellectual property rights.Therefore,it is proper to protect business culture through the legal system of intellectual property rights.Further more,the Anti-unfair Competition Law has the features of both public and private law,which is corresponding to its nature of protecting business culture.It is feasible and proper to take the law as the chief approach to protect business culture.