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知识产权法归入哪一类法为宜?这对许多法学者一直是个Open Question,是个令人头痛的问题。无论就其作为国内法的意义来讲,还是从知识产权的国际保护角度来讲,均存在一个“归类难”的问题。就其作为国内法来讲,有人认为它应归入经济法,也有人认为应归入民法,还有人认为应归入“科技法”(其中的商标法与不公平竞争法除外),更有人认为其中的某些可归入“行政法”。当然,也有人认为知识产权
Which type of intellectual property law should be included? It has always been an Open Question for many legal scholars. It is a daunting issue. Regardless of its significance as a domestic law, or from the perspective of the international protection of intellectual property, there is a problem of “clasping difficulties.” As far as its domestic law is concerned, some people think that it should be classified as economic law, while others think it should be classified as civil law. Others think it should be classified as “science and technology law” (except trademark law and unfair competition law), and even more Think of some of them as “Administrative Law.” Of course, some people think that intellectual property