Briefly describe the reasons why the Anti Unfair Competition Law belongs to the intellectual propert

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Personally, I think the Anti-Unfair Competition Law and the Intellectual Property Law. The Anti-Unfair Competition Law and the Intellectual Property Law are intersecting. In the application of law,"The provisions of intellectual property law should prevail over the law of unfair competition, and the relationship between them was between lex specialis and common law.

Because in this cross-cutting field, since these two laws provide two different types of protection as described above, the right holder can choose the law that is most beneficial to him to protect his rights most effectively, rather than only choosing the provisions of the intellectual property law for remedy, and there are still a wide range of areas beyond the reach of the intellectual property law, which is where the advantages of the anti-unfair competition law lie, This advantage is precisely due to the difference and connection between the above-mentioned Anti-Unfair Competition Law and the Intellectual Property Law: the two have similar legislative purposes and principles, but the Anti-Unfair Competition Law is more general and principled, and its scope of protection is wider, which determines that in the Intellectual Property Law, the principled provisions of the Anti-Unfair Competition Law should be applied when there are no specific provisions, and the latter is a supplement to the former, which can provide a comprehensive protection for the intellectual property system, a three-dimensional and all-round protection. "

The basic concepts and theories of the Anti-Unfair Competition Law mainly include acts of unfair competition related to intellectual property rights and their legal liabilities.

1. The concept and characteristics of acts of unfair competition

1) "Unfair competition" refers to the conduct of business operators that violate the provisions of the Anti-Unfair Competition Law, harm the lawful rights and interests of other business operators, and disrupt the social and economic order.

2) Characteristics of acts of unfair competition

1.Acts of unfair competition occur in the course of competitive activities.

2.Acts of unfair competition violate the principles of honesty and fairness.

3.Acts of unfair competition have caused harmful consequences that disrupt the order of fair social transactions.

2. Anti-Unfair Competition Law

1) The Anti-Unfair Competition Law is a general term for various legal norms that regulate the competitive relations between various business operators in market trading activities.

2) The Anti-Unfair Competition Law belongs to the legal system of intellectual property rights.

1. The Anti-Unfair Competition Law takes the subject matter of adjustment of other intellectual property laws as its own object of protection.

2 The Anti-Unfair Competition Law provides protection to the subject matter related to various types of intellectual property rights that cannot be regulated by relevant laws, so as to make up for the "vacuum" created by a single legal system

3 The Anti-Unfair Competition Law provides "comprehensive protection" to the intersecting parts of various types of intellectual property objects, so that the objects of intellectual property protection are linked together to form a whole.

Legal Analysis: The Anti-Unfair Competition Law and the Intellectual Property Law have an intersecting relationship in trademark protection, which is an important supplement to the Intellectual Property Law. The Anti-Unfair Competition Law is an important part of the economic law, and the object of adjustment is the social and public economy.

Intellectual property law is composed of copyright law, trademark law, and patent law, and the object of adjustment is the legal relationship arising from the process of creating, using, trading, and protecting intellectual achievements.

Legal basis: Article 6 of the Anti-Unfair Competition Law of the People's Republic of China provides that business operators shall not carry out the following confusing acts, leading people to mistakenly believe that they are the goods of others or have a special imitation connection with others: (1) unauthorized use of the same or similar marks as the names, packaging, decorations, etc. of the goods that have a certain influence on others; (2) Li Fu's unauthorized use of another person's influential enterprise name (including abbreviations, trade names, etc.), the name of a social organization (including abbreviations, etc.), and the name (including pen names, stage names, translated names, etc.); (3) Unauthorized use of the main body of the domain name, ** name, web page, etc., that blindly brings others to have a certain impact; (4) Other acts of confusion that are sufficient to lead people to mistakenly believe that they are the goods of others or that there is a specific connection with others.

Article 57 of the Trademark Law of the People's Republic of China shall constitute an infringement of the exclusive right to use a registered trademark if any of the following acts are committed: (1) without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same kind of goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

The relationship between the Intellectual Property Law and the Anti-Unfair Competition Law is as follows:

First, there is a significant convergence of interests between intellectual property law and unfair competition law.

Second, there are differences in the mechanisms of action between the Intellectual Property Law and the Unfair Competition Law.

1. What rights are covered by intellectual property rights?

Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law on the fruits of their intellectual labor, usually the exclusive right confiscated or exclusive right granted by the state to the creator of their intellectual achievements within a certain period of time, China's intellectual property law mainly includes the "Trademark Law", "Patent Law", "Copyright Law", "Anti-Unfair Competition Law" and other basic legal systems, as well as the "Regulations on the Protection of New Plant Varieties", "Regulations on the Protection of Integrated Circuit Layout Designs", "Provisions on the Protection of Geographical Indication Products" and other relevant legal norms.

Among them, the object of protection of the patent law is invention and creation, including invention patents, utility model patents and design patents.

The object of protection under the Trademark Law is trademarks, and the commercial spring mark is a distinctive mark that identifies a certain good or service or a specific individual or enterprise related to it.

Copyright protects works of literature, art, natural sciences, social sciences, engineering and technology that are original.

The Anti-Unfair Competition Law protects the legitimate rights and interests of business operators and consumers and prohibits acts of unfair competition.

Second, Beijing handles the identification agency of technology contracts.

The Beijing Technology Contract Recognition Agency is the local administrative department of science and technology, and the Ministry of Science and Technology manages the national technology contract recognition and registration work. The administrative departments for science and technology of provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan shall manage the identification and registration of technical contracts in their respective administrative divisions. Prefecture, municipal, district and county science and technology administrative departments shall set up technical contract registration agencies, which are specifically responsible for the identification and registration of technical contracts.

There is diversity in the legal regulation of technology contracts. The subject matter of a technology contract is the result of human intellectual activity, and many of these technological achievements are the objects of adjustment by the Intellectual Property Law, involving the ownership of technical rights and interests, the assumption of technological risks, the acquisition of technological patent rights, the commercial marks of technical products, the confidentiality of technology, the expression of technology, etc., which are subject to the adjustment of the Patent Law, the Trademark Law, the Trade Secret Law, the Anti-Unfair Competition Law, the Copyright Law and other laws.

3. There are several intellectual property courts.

According to the needs of adjudication, the intellectual property courts in Beijing, Shanghai and Guangzhou have the same trial level as the local intermediate people's courts. After the establishment of the Intellectual Property Court, it mainly hears civil and administrative cases of various types of patents, new plant varieties, layout designs of integrated circuits, technical secrets, etc., as well as other civil and administrative cases of intellectual property.

Differences between Intellectual Property Rights and the Anti-Unfair Competition Law 1. Different Adjustment Objects: 1. Adjustment Objects of the Anti-Unfair Competition Law: (1) Mainly Adjust Unfair Competition Acts in a Narrow Sense (2) Administrative Monopoly and Restricted Competition Behaviors 2

Adjustment of social relations arising from activities such as the ownership, exercise, management and protection of intellectual property rights 2. Different legal characteristics: 1. Characteristics of the Anti-Unfair Competition Law The most significant feature of China's Anti-Unfair Competition Law is the particularity of the object of adjustment, that is, the law clearly stipulates which acts of unfair competition that occur in market competition are acts of unfair competition and should be stopped. Rather, it stipulates what obligations they have to do not act: the Anti-Unfair Competition Law is to stop acts of unfair competition and sanction illegal acts to protect free, fair and reasonable competition, protect the legitimate rights and interests of other business operators, and maintain social and economic order. 2. Characteristics of intellectual property law:

1) Statutory temporal repentance; (2) It must be directly confirmed by law, i.e., state-granted; (3) have dual rights of property rights and personal rights; (4) is subject to restrictions of public interest; 3. The principles adhered to are different: 1. The basic principles of the Anti-Unfair Competition Law: (1) the principle of voluntariness (2) the principle of equality (3) the principle of fairness (4) the principle of good faith (5) the observance of generally accepted business ethics 2. The principles of intellectual property law

1) The principle of intellectual competition.

The relationship between China's IP-related laws and the Unfair Competition Law is as follows: there are both differences and connections. The difference is that the intellectual property law is a model of granting rights, a model of similar property rights, which is to protect property, and anti-unfair competition is an infringement model and a prohibited act; The model of empowerment is ex-ante, positive, and universal, while the anti-unfair competition model is case-by-case, ex-post, and negative.

The connection is that the mode of establishment of rights and the anti-unfair competition can be converted to each other.

Legal basis: Article 57 of the Trademark Law of the People's Republic of China Any of the following acts shall be deemed to be an infringement of the exclusive right to use a registered trademark: (1) Without the permission of the trademark registrant, a trademark identical to the registered trademark is used on the same kind of goods; (3) Selling goods that infringe on the exclusive right to use the registered Moyan trademark.

Article 9 of the Anti-Unfair Competition Law of the People's Republic of China: Business operators must not carry out the following acts that infringe on trade secrets: (1) Obtaining rights holders' trade secrets by theft, bribery, fraud, coercion, or other improper means; (2) Disclosing, using, or allowing others to use the rights holder's commercial secrets obtained through the means described in the preceding paragraph; (3) Disclosing, using, or allowing others to use the commercial secrets in their possession in violation of agreements or rights holders' requirements for the preservation of commercial secrets.

Legal Analysis: The relationship between the Unfair Competition Law and the Intellectual Property Law is that the relationship between the Unfair Competition Law and the Intellectual Property Law stems from their common goals and principles, which is to safeguard the property and personal interests of enterprises and individuals for their intellectual achievements and related achievements, and for those objects that are not included in the Intellectual Property Law, the Unfair Competition Law provides the necessary protection.

Legal basis: Article 4 of the "Unfair Competition Law" The departments of the people's ** at or above the county level performing the duties of industrial and commercial administration shall investigate and deal with acts of unfair competition; Where laws and administrative regulations provide for investigation and handling by other departments, follow those provisions.

Legal Analysis: 1. The Anti-Unfair Competition Law is a general term for the legal norms that regulate the economic relations that occur in the process of stopping acts of unfair competition. Intellectual property law refers to the general term of legal norms that regulate social relations arising from activities such as the ownership, exercise, management and protection of intellectual property rights.

2. The connection between the two: (1) Both are laws aimed at maintaining full competition in the market economy. (2) both have both private law and public law norms; There are both substantive and procedural norms.

3) There are overlapping parts between the two laws in terms of trademark protection. (One of the confusing acts under the Anti-Unfair Competition Law is that there are the same provisions on confusion in the Trademark Law and confusion in the Trademark Law) 3. The difference between the two: (1) Although both reflect the nature of public law and private law, they are not.

The fair competition law embodies the state's intervention in unfair competition in the market, so it belongs to the economic law sectoral law; However, the norms of public and prudent law and procedural law in intellectual property law are both for the recognition and protection of intellectual property rights, which are private rights, and do not dominate, so they belong to the civil law sectoral law. (2) The Anti-Unfair Competition Law is based on society to prevent damage to the overall interests of society caused by excessive competition. Intellectual property law is based on the individual to prevent others from infringing on the legitimate rights and interests of intellectual property rights.

3) The Anti-Unfair Competition Law consists only of domestic norms, while the Intellectual Property Law consists of domestic norms and international treaties. (4) The Anti-Unfair Competition Law and the Intellectual Property Law have different procedures for the use of suitable objects. There are specialized bodies in intellectual property law, such as the Trademark Board and the Patent Board.

5) There are more technical norms in the Intellectual Property Law, and there are fewer technical norms in the Anti-Unfair Competition Law.

Legal basis: Article 2 of the Anti-Unfair Competition Law of the People's Republic of China stipulates that business operators shall follow the principles of voluntariness, equality, fairness and good faith, and abide by laws and business ethics in their production and business activities.