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从表面而言,在制度的设计上,知识产权法与反不正当竞争法好像是相互冲突的,前者意在保护知识产权所有人的垄断性权利,后者的目的则是消除这种垄断性的权利。其实知识产权法与反不正当竞争法的关系是相互交叉的,两者的立法原则和目标是相同的,但其权利根属、价值取向和作用机制是不同的。同时,反不正当竞争法对知识产权形成补充和兜底保护作用。
On the surface, the design of the system seems to conflict with the law of intellectual property and the law of unfair competition. The former is intended to protect the monopoly power of the owner of intellectual property while the latter aims to eliminate this monopoly s right. In fact, the relationship between intellectual property law and anti-unfair competition law are mutually intersecting. The legislative principles and objectives of the two are the same, but their rights root, value orientation and mechanism of action are different. At the same time, the Anti-Unfair Competition Law supplements and protects intellectual property.