游戏规则不正当竞争法保护模式之反思

Reflection on the Protection Model of the Unfair Competition Law of Game Rules

针对游戏规则的保护问题,我国司法实践发展出版权保护和反不正当竞争法保护两种模式。后者保护模式是否合理并未引起学界的足够重视。本文通过对知识产权法和反不正当竞争法的关系出发,利用额外因素法和比例原则明晰反不正当竞争法对知识产权法扩展保护的合理限度,从而分析依赖于反不正当竞争法保护游戏规则所造成的逻辑困境和法律后果。

For the protection of game rules, China’s judicial practice has developed two models of copyright protection and anti-unfair competition law protection. Whether the latter protection model is reasonable has not attracted sufficient attention from the academic community. In this paper, by starting from the relationship between intellectual property law and anti-unfair competition law, we clarify the reasonable limits of the extended protection of intellectual property law by anti-unfair competition law using the law of additional factors and the principle of proportionality, so as to analyze the logical dilemma and legal consequences caused by relying on anti-unfair competition law to protect game rules.