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一、问题提出反不正当竞争法一般条款对于保护新类型的商业成果和规制不正当竞争行为具有重要意义,德国竞争法上有三分之一的案件通过一般条款予以解决。我国《反不正当竞争法》明确列举了十一种不正当竞争行为,但是,市场行为在不断创新,一些新类型的市场竞争行为不断出现,对于此,《反不正当竞争法》具体列举的十一种竞争行为的规定已经不敷适用,大量新类型竞争纠纷只能通过适用《反不正当竞争
I. PROBLEM PROBLEMS The general provisions of the Anti-Unfair Competition Law are of great importance to the protection of new types of commercial achievements and the regulation of unfair competition. One third of the cases in the German competition law are resolved by the general provisions. China’s “Unfair Competition Law” clearly enumerates 11 kinds of acts of unfair competition, however, market behavior is constantly innovating, and some new types of market competition continue to appear. For this reason, the “Anti-Unfair Competition Law” specifically enumerated The provisions of the eleven kinds of competition have been insufficiently applied, and a large number of new types of competition can only be resolved by applying the "Anti-Unfair Competition