王跃文案的竞争法思考

CONSIDERATIONS ON THE CASE OF WANG YUE-WEN FROM THE POINT OF VIEW OF COMPETITION LAW

王跃文案提出了作家是否属于"经营者"问题,虽然法院对个案已做了认定,但新型的不正当竞争却会不断出现,若一一对适用主体进行解释将增加司法成本。所以《反不正当竞争法》适用主体应从"经营者"扩展到"凡影响市场竞争活动之人"。另外,该案也反映了名人形象保护的必要性,在《反不正当竞争法》中亦应增加一款专门规定予以保护,防止消费者对具备商业标识的名人形象产生混淆。

The case of Wang Yue-wen put the question whether the author belongs to the ＂manager＂,although the court has made a decision of individual case,the new type unfair competition will keep appearing,if we explain every applicable subject,it will increase our justice cost.So I think the applicable subject of Anti-unfair Competition Law should extend its range from ＂manager＂ to all people whose activity can influence the market competition.Besides,this case also reflect the necessity of protecting image of celebrities,in order to protect their rights,we should increase a special regulation in the Anti-unfair Competition Law,avoiding the consumer produce confusion for image of celebrities that have commercial mark.