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反不正当竞争法与商标法之 间,会有一定交叉或重叠,其 中有些是不可避免的,甚至是必要 的。但有时在立法考虑不很周到 时,某些应当避免的交叉与重叠也 会出现。从颁布在后的《反不正当 竞争法》来看,可能与商标法发生具 体(而不仅仅是原则上)交叉或重叠 的条款,主要是《反不正当竞争法》 第5条、第9条、第14条,以及与之 相应的执法查、处条款(即第17条、 24条、28条等)。
There will be some overlap or overlap between anti-unfair competition law and trademark law, some of which are inevitable and even necessary. But sometimes crossings and overlaps that should be avoided also arise when legislative considerations are less than thoughtful. From the promulgation of the later Anti-Unfair Competition Law, clauses that may or may not overlap or overlap with the specific, but not exclusive, trademark law are mainly articles 5 and 9 of the Anti-Unfair Competition Law Article 14 and the corresponding articles of law enforcement investigation and prosecution (ie Article 17, Article 24, Article 28, etc.).