Regulation of Anti-Unfair Competition Law on the Warning Behavior of Intellectual Property Infringement
[Purposes]Intellectual property infringement warnings,highly active in commercial defama-tion cases,can easily be abused.This study analyzes the types of such behaviors and the regulatory paths of the Anti-Unfair Competition Law,and provides suggestions for regulating the abuse of intellec-tual property infringement warnings.[Methods]Based on the concepts,requirements and judicial prac-tice cases of commercial defamation and intellectual property infringement warnings,the common im-proper intellectual property infringement warnings in judicial practice are classified,compared with the requirements of commercial defamation,and further discussed and summarized referring to foreign legis-lative practices.[Findings]Although the constituent elements of commercial defamation are not unified in judicial practice,most of them adopt a relatively broad interpretation of each element.Therefore,the abuse of intellectual property infringement warnings is more likely to fall within the scope of commercial defamation regulations.One of the newer changes is that when a letter is sent to the specific or limited number of recipients,even though there is only one recipient,it can still be judged as commercial defa-mation.In judicial practice,dissemination and the quantity of recipient are no longer highly correlated.[Conclusions]In most cases,the abuse of intellectual property warnings can be regulated by the commer-cial defamation provisions of the Anti-Unfair Competition Law.
intellectual property infringement warningtype-based studycommercial defamationcon-stituent elements
万方数据
维普
