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引言《反不正当竞争法》具有典型的混合法或杂烩法特质,(1)立法过程中需要谨慎处理法律体系的融贯性问题,不仅包括《反不正当竞争法》内部体系的融贯性,如一般条款与具体事例条款之间的关系、具体事例条款之间的相互关系,还包括《反不正当竞争法》与其他法律之间的融贯性问题,特别是《反不正当竞争法》与知识产权法之间的关系。反不正当竞争法历史上作为工业产权保护的灵活补充,1900年修订《巴黎公约》时首次被写入条文,经过多次修改后形成了从一般条款到三种具体事例的经典结构。(2)本文的关注对象是反不正当竞争法为知识产权提供补充保护的边界,当知识产权法不能为某种劳动成果提供保护,当事人转而以反不正当竞争法
INTRODUCTION The Anti-Unfair Competition Law has typical hybrid law or chowder law traits. (1) The legislative process needs to be cautious about the coherence of the legal system, including not only the coherence of the internal system of the Anti-Unfair Competition Law , Such as the relationship between the general clause and the specific case clause, the interrelationship between the specific case clauses, and the coherence between the Anti-Unfair Competition Law and other laws, in particular the Anti-Unfair Competition Law "And the relationship between intellectual property law. Anti-unfair competition law has historically been a flexible supplement to the protection of industrial property rights. It was first introduced in 1900 when the Paris Convention was amended. After several amendments, a classic structure was formed from the general clause to three concrete examples. (2) The focus of this article is on the border of unfair competition law that provides complementary protection for intellectual property rights. When the intellectual property law can not provide protection for certain kinds of labor outcomes, the parties turn to anti-unfair competition law