论知识产权法和反不正当竞争法对模仿行为的规整——兼论“两法”的联系与区别

The Different Regulations on Imitation Behavior in Intellectual Property Law and Law Against Competition by Inappropriate Means——also on the connection and difference between the two laws

从分析知识产权法和反不正当竞争法对"模仿"的不同规整角度,可以总结出"两法"在对技术创新的保护和激励中,由于各自立法宗旨、保护客体、范围等方面的不同而呈不同的规整范围,则盲从模仿适合由反不正当竞争法来规制。

By analyzing the different aspects to regulate the 'imitation' in the Intellectual Property Law and Law Against Competition by Inappropriate Means, it can be summarized that the two laws, with their own ranges in protection and encouragement in technological innovation, are different from each other in their legislative aims, objects of protection, range, etc. Therefore, 'Slavish Imitation' is to be regulated by the Law Against Competition by Inappropriate Means.