Abstract

This study aims to analyze Unfair Competition in the field of Intellectual property rights. This research seeks to explore and show how the concept of unfair Competition interferes in the area of intellectual property rights. Furthermore, we have investigated how competition law and intellectual property rights interfere with each other. The research evaluates unfair competition practices in the scope of intellectual property rights, referring to specific international laws directly related to each course. Finally, it examines the regulatory system that governs these sectors. Reference is made particularly to the Chinese Anti-Unfair Competition Law and other international laws on trademark practices. As far as the study's methodology is concerned, qualitative data analysis is applicable alongside with comparative legal method for analyzing "de lege lata" and "de lege feranda" situations in a range of the concluded topic. The study finds out that Unfair Competition in the domain of Intellectual Property rights involves actions by an operator that infringe the legislation's rules, harm operators' legitimate rights and interest on the market, thereby threatening socio-economic order. The study concluded that Unfair Competition acts in the field of Intellectual Property rights (like Industrial espionage, infringement of trade secrets, trademark infringement) impede innovation, stifle, and affect Competition in the real market. And the occurrence of these Unfair Competition practices is common, even though there are existing legal frameworks that regulate this sector. The research reveals an international regulatory system such as the Paris Convention 1883, the Patent Act 1977, and the Espionage Act 1996 have specific and statutory laws that target unfair competition practices. The Chinese Anti-Unfair Competition Act 1993 forbids unfair Competition in intellectual property rights and defends operators and citizens from unfair competition practices. The study also deduces that the existing legal framework regulating this sector is practical to a small extent because these Unfair Competition Practices are still very much detectable in the trade sector. As most legal frameworks dwell on civil liabilities instead of criminal penalties, operators can easily violate the law by relying on whether they can afford the civil penalties. There are recent amendments to adjust and adapt to the evolution of patterns and daily market innovations (Example: Amendment of the Chinese Anti-Unfair Competition Law in 2003). We concluded the study by bringing in suggestions and recommendations. Qualitative research methodology applies to the following article.

Highlights

  • Competition law promotes and seeks to maintain market competition to a certain degree by regulating, detecting, and punishing anti-competitive practices exercised by companies or other business organizations

  • There is no existent research that has been made in this domain that has directly addressed Unfair Competition in the field of Intellectual Property rights: analyzing concepts, Unfair Competition acts, and laws

  • Vivien Chan (2020) argues that article 2 of the Chinese Anti-Unfair Competition Law plays a vital role in curbing new types of unfair competition acts

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Summary

Introduction

Competition law promotes and seeks to maintain market competition to a certain degree by regulating, detecting, and punishing anti-competitive practices exercised by companies or other business organizations. Competition law is referred to as antitrust law in the European Union. Competition stabilizes the market condition by regulating monopoly and unfair business practices. Intellectual property rights refer to rights given to a person or a group of people over the creation of their minds or an invention. The freedom obtained is exclusive ownership, use, and possession of the trademark name or design. Intellectual property rights give a person or a company exclusive right to use its plans and ideas or intangible assets without worry of rivalry, at least for a specific period. Intellectual property rights can include copyrights, patents, jpl.ccsenet.org. Vol 14, No 3; 2021 trademarks, and trade secrets, to name a few

Literature Review
Methodoloy
Competition Law and Intellectual Property Rights
Unequal Competition in the Area of Intellectual Property Rights
Acts of Unfair Competition according to Paris Convention 1883
Unfair Competition Actions That Damage Goodwill a- Trademark Infringement
Legal framework in China for Unfair Competition
Conclusion
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