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【裁判摘要】一、作家通过出售作品的出版发行权,从文化市场中获得自己的经济利益,是对自己的作品进行经营。根据反不正当竞争法第二条第三款的规定,作家属于文化市场中的商品经营者。二、知名作家在自己作品上的署名,具有商品标识作用。为推销自己的作品,采取借鉴、仿冒、攀附或淡化等手段,利用知名作家署名所具有的商品标识作用来误导消费者,属于反不正当竞争法第二条第二款规定的不正当竞争行为。
【Summary of Judges】 First, the writer obtains his own economic benefit from the cultural market by selling the right of publication and publication of the work, and is to run his own work. According to Article 2, paragraph 3, of the Anti-Unfair Competition Law, writers belong to the commodity dealers in the cultural market. Second, well-known writers in their work on the signature, with the role of product identification. In order to sell their works, using the methods of reference, counterfeiting, climbing or desalination to mislead consumers by means of the commodity labeling function of well-known authors’ names, they belong to unfair competition as stipulated in the second paragraph of Article 2 of the Anti-Unfair Competition Law .