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Research on Some Judicial Issues about Protection of Intellectual Property Rights in Law of Against Unfair Competition

Author: HouHaiJun
Tutor: SunXueZhi
School: Jilin University
Course: Legal
Keywords: Intellectual property rights Anti-Unfair Competition Judicial protection problems
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 125
Quote: 0
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Abstract


As a sign of China's Anti-Unfair Competition law system to start building, \Practice, \However, with the economic development, on the one hand, the Anti-Unfair Competition Litigation maturing, on the other hand, the judicial practice of the legal requirements of the rising. This article contact some of the specific issues in the theory and practice of the Anti-Unfair Competition, some new insights. The first part of this paper discusses reveal all the details, the complementary role of the Anti-Unfair Competition litigation for the protection of intellectual property rights from the Anti-Unfair Competition Law and Intellectual Property Law. Proposed anti-unfair competition law and intellectual property law on the one hand from the common objectives and principles linked, but different laws regulating mechanisms were used to realize their own values ??and goals; On the other hand, for the same The object of intellectual property law and unfair competition law to the different mechanisms in different cut angles and development reflects mainly the protection of intellectual property law, unfair competition law protection system of supplemented. The second part discusses the anti-unfair competition in the field of trade secret protection to protect judicial litigation problems raised in the field of intellectual property, trade secrets because they do not have the legal right to the appearance by the rights holders they hold, therefore, trade secrets infringement cases have the same general intellectual property cases in terms of rights exist, the vesting of rights, the rights of the content and the determination of the scope of protection particularity. These peculiarities become a judicial practice of the more difficult problems. Confirmed the identified client list secret commercial properties, a clear violation of trade secrets disputes the plaintiff and the defendant owed the burden of proof that the plaintiff should be its technical information or business information is a commercial secret, against the security measures similar to the technology used by the defendant or operating information to its trade secrets, the defendant conditionally contact commercial rights holders secret aspects be the burden of proof; defendant shall bear its use of technical information or business information known to the public and its legitimate source burden of proof. The third section discusses the relevant judicial problems peculiar to well name. Raised, well-known commodities identified the thrust reversers Principles, to determine whether a name should be a commodity specific pioneered the entire name as a whole, with a particular commodity linked. I found, in practice there will be a conflict between the corporate name rights between each other, corporate name rights and trademark proposed to solve these rights conflict, it should be from the ease of the association between the enterprise or commodity sources have mistaken the visibility and influence of the rights holders claim the right carrier, the characteristics of the industry and geographical differences, tort specific expression, be considered the accused infringer's subjective fault. The fourth part of the research noncompete field of anti-unfair competition to protect judicial litigation problems. Proposed noncompete specific business subject to specific civil legal relations of the people involved with them specific competition between profit-making sex prohibited. Noncompete agreements to protect important trade secrets may apply to master the technical staff and management of corporate trade secrets, and must express provision The staff departures prohibits engaged in a competitive business, the scope of the relevant geographic restrictions and time limits, so as to constitute a valid non-compete agreement. Whereas if only the agreed terms of the non-compete compensation, but there is no agreement can be determined by the relevant provisions of the laws and regulations or the parties have subsequently reached unanimously determined. So, there is no agreement on compensation, does not lead to non-compete provisions of the inevitable invalid. Amount of compensation for the infringement in violation of the noncompete should be followed in order to be able to determine the actual loss of the right to human priority; tortfeasor able to determine the actual profit; fixed compensation can not be determined in the above method to ensure the protection of rights the legitimate rights and interests of the people.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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