2009Journal of Shanxi Police AcademyRequires access

Characters of Competition Law in Protecting Intellectual Property

Zhao Li-qun

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Abstract

For typical acts of unfair competition which violate intellectual property such as passing off the registered trademark,using other enterprise's name unauthorizedly,counterfeiting making place,violating trade secrets and so on,intellectual property law could only start from protecting righter's exculsived right and forbid violation.However it is poor in protecting competitive advantage of subject of right and maintaining normal market order.Competition law should undertake the duty of regulating unfair competitive actions which violate intellectual property and play its role in it.

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What this paper is about

For typical acts of unfair competition which violate intellectual property such as passing off the registered trademark,using other enterprise's name unauthorizedly,counterfeiting making place,violating trade secrets and so on,intellectual property law could only start from protecting righter's exculsived right and forbid violation.However it is poor in protecting competitive advantage of subject of right and maintaining normal market order.Competition law should undertake the duty of regulating unfair competitive actions which violate intellectual property and play its role in it.

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Available abstract

For typical acts of unfair competition which violate intellectual property such as passing off the registered trademark,using other enterprise's name unauthorizedly,counterfeiting making place,violating trade secrets and so on,intellectual property law could only start from protecting righter's exculsived right and forbid violation.However it is poor in protecting competitive advantage of subject of right and maintaining normal market order.Competition law should undertake the duty of regulating unfair competitive actions which violate intellectual property and play its role in it.

Key concepts: Intellectual property, Unfair competition, Trademark, Business, Competition (biology), Order (exchange), Duty, Law and economics

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