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按我国反不正当竞争法第二条的规定,不正当竞争行为是指经营者违反该法规定,损害其他经营者的合法权益,扰乱社会经济秩序的行为。该法第五条至第十五条具体规定了“不正当竞争行为”的表现形式。但是,有些经营者实施的损害其他经营者合法权益的不正当行为,却不在这些表现形式范围之内,很难直接依照该法来制止。然而,如果这样的不正当行为构成了对他人版权的侵犯,则可以依照版权法的规定追究侵权者的责任,从而达到制止其不正当竞争行为的目的。 一、制止擅自使用或抢先注册他人的未注册商标行为 假冒他人注册商标,属于我国商标法第三十八条规定的“侵犯注册商标专用权”行为,可以依照该法的有关规定处理。我国反不正当竞争法也将假冒他人注册商标列入了“不正当竞争行为”中。但是,如果擅自使
According to Article 2 of China’s Anti-Unfair Competition Law, acts of unfair competition refer to acts that operators violate the provisions of this Law, undermine the lawful rights and interests of other operators and disrupt social and economic order. Article 5 to Article 15 of the Law specifically stipulates the manifestations of “acts of unfair competition.” However, the improper acts committed by some operators that harm the legitimate rights and interests of other operators are beyond the scope of these expressions and can hardly be stopped directly in accordance with the law. However, if such misconduct constitutes a violation of the copyright of others, the rights of the infringer can be investigated in accordance with the provisions of the Copyright Law so as to stop the unfair competition. First, stopping the unregistered trademark that is used unlawfully or preemptively to register others to counterfeit the registered trademark of another person belongs to the “infringement of the exclusive right to use a registered trademark” prescribed in Article 38 of the Trademark Law of China and can be dealt with in accordance with the relevant provisions of the law. China’s Anti-Unfair Competition Law also includes counterfeiting registered trademarks of others into “unfair competition practices.” However, if you make it without permission