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《Intellectual Property》 2012-01
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The Application Relations between Intellectual Property Law and Anti-unfair Competition Law

Liu Lijuan  
In this article,the relations between provisions in legal overlapping areas are reduced to two types:general/special provisions,and normal legal concurrences.They have different application rules.If a special provision differs from a general provision,the special provision shall prevail over the general provision.As for normal legal concurrence,it's up to the plaintiff to decide which provision to apply to sue.It's contended by this article that the application relations between IP Law and Anti-unfair Competition Law is not general/special provisions but normal legal concurrence.This way,the application of the two law's overlapping areas would be simple and it conforms to our judicial reality.
【CateGory Index】: D923.4;D922.294
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