An examination of the relationships between IP law and anti-unfair competition law in the field of private law aims to elucidate the distinctive functions of anti-unfair competition law, namely, the protection of the exercise of IPRs and the regulation of their abuse. From a formal legal perspective, IP law and anti-unfair competition law appear to be two separate and incompatible systems. The former seeks to protect the “monopoly rights” of IP owners, while the latter restricts or eliminates “monopolistic positions” of a certain kind.

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IPRs Regimes and Anti-Unfair Competition

  • Handong Wu

摘要

An examination of the relationships between IP law and anti-unfair competition law in the field of private law aims to elucidate the distinctive functions of anti-unfair competition law, namely, the protection of the exercise of IPRs and the regulation of their abuse. From a formal legal perspective, IP law and anti-unfair competition law appear to be two separate and incompatible systems. The former seeks to protect the “monopoly rights” of IP owners, while the latter restricts or eliminates “monopolistic positions” of a certain kind.