盗窟与反不正当竞争法(国外英文资料).docVIP

山寨与反不正当竞争法(国外英文资料) Shanzhai and anti-unfair competition law In recent years, although Chinas economy has slowed down a lot, there has been another boom: shanzhai. From shanzhai mobile phones to the present, there are so many fake versions of the Spring Festival gala. A new kind of popular culture in the popular fuelled by media and Internet has quickly become the Chinese mainland many of popular culture, penetrated into every aspect of social life. Shanzhai phenomenon rapid development momentum let people from the initial mock slowly became calm and introspection, began to focus on the legality of the existence of the border, and how to from the law to regulate the questions such as intellectual property law. Due to the nature of the phenomenon of shanzhai is actually to imitate an interest game between freedom and competition, so from the perspective of the anti-unfair competition law, more can fundamentally to parse and regulation. First, the legal analysis of shanzhai phenomenon The shanzhai phenomenon is a nickname for the ubiquitous commercial imitations of today. Imitation usually has two meanings, one is the stage of learning, and the other is the equivalent of copying. So mimicry can be classified as indirect and direct. We often say shanzhai phenomenon includes both the imitators to competitors products as samples, to join their distinctiveness of indirect imitate, also includes the imitator completely indiscriminate imitation directly in accordance with the competitors products. Due to the direct copy directly appropriated the competitors goodwill or violation of competitors operating results, through the regulation of intellectual property law can get the corresponding solution, and the indirect imitation is about how to free competition and achieving moderation balance between monopoly is an important legal proposition, therefore, must consider the boundary problem of imitation. Imitation is of great importance to the cultural development and economic d