What is the comprehensive protection of intellectual property rights provided by the Anti-Unfair Competition Law?

In a market economy, if commercial entities want to operate normally, they must abide by the basic principles of good faith and fair competition. If there is any illegal behavior, they need to bear legal responsibility. So, what is the full protection of intellectual property rights provided by the Anti-Unfair Competition Law? Today, the editor of Legal Savior Network has compiled the following content to answer your questions and we hope it will be helpful to you.

What is the full protection of intellectual property rights under the Anti-Unfair Competition Law

(1) In traditional intellectual property law When direct relief cannot be provided, the Anti-Unfair Competition Law has a supplementary role and can fill the gap in intellectual property protection;

(2) Although traditional intellectual property laws can provide protection, if this protection is not sufficient, it will be used unfairly today when there is no effective single law to sanction it. Adjustments to competition law can properly address this issue. Therefore, strengthening the research on anti-unfair competition laws and making full use of anti-unfair competition laws to solve problems that cannot be solved by traditional intellectual property laws can make intellectual property rights protection actions proceed smoothly.

Article 17 of the "Anti-Unfair Competition Law of the People's Republic of China" If an Operator violates the provisions of this law and causes damage to others, he shall bear civil liability in accordance with the law.

The legitimate rights and interests of the operator are subject to unfair competition If damage is caused, a lawsuit may be filed in the People's Court.

The amount of compensation for an operator who is harmed due to unfair competition shall be determined based on the actual loss suffered by the operator due to the infringement; actual loss If it is difficult to calculate, it shall be determined based on the benefits obtained by the infringer due to the infringement. If the operator maliciously commits an infringement of trade secrets and the circumstances are serious, the amount of compensation may be determined between one time and five times the amount determined according to the above method. The amount of compensation shall also be Including reasonable expenses paid by the operator to stop the infringement.

If an operator violates the provisions of Articles 6 and 9 of this Law and it is difficult to determine the actual losses suffered by the right holder due to the infringement and the benefits obtained by the infringer due to the infringement, the people's court shall make a judgment based on the circumstances of the infringement. Compensation of less than five million yuan from the right holder.

Article 18 If an operator violates the provisions of Article 6 of this Law and commits confusing acts, the supervision and inspection department shall order him to stop the illegal act and confiscate the illegal goods. If the illegal business volume exceeds 50,000 yuan, a fine of less than five times the illegal business volume may be imposed. Fines; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If the circumstances are serious, the business license shall be revoked.

If the business name registered by the operator violates the provisions of Article 6 of this Law, the operator shall promptly handle the name change registration; name change Before, the original enterprise registration authority replaced its name with the unified social credit code.

Article 19 If an operator violates the provisions of Article 7 of this Law to bribe others, the supervision and inspection department shall confiscate the illegal gains and impose a fine of not less than 100,000 yuan but not more than 3 million yuan. If the circumstances are serious, the business shall be revoked License.

We are in an era of rapid development of the knowledge economy. Competition around the possession and use of knowledge products is becoming increasingly fierce, and corresponding unfair competition activities are becoming more and more rampant. Therefore, we should coordinate intellectual property rights The relationship between the law and the Anti-Unfair Competition Law shall be accelerated to improve the comprehensive protection of intellectual property rights under my country’s Anti-Unfair Competition Law. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to provide legal consultation.