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1993年颁发的《反不正当竞争法》,是配套于我国市场经济初步建立时的立法。随着近几年来市场经济在我国的逐步完善,该法的不足之处日渐突显。本文主要通过对美国、德国及我国台湾地区立法例的考察,从多方面对我国《反不正当竞争法》各种不足进行了剖析,并于文末,在借鉴美国、德国先进经验的基础上,提出了相应的完善措施。同时,对建立一个既本土化又国际化,既具中国特色又与国际接轨,并适应现代市场要求的反不正当竞争法科学体系寄予殷切厚望。
The Anti-Unfair Competition Law, issued in 1993, is a piece of legislation that complements the initial establishment of the market economy in our country. With the gradual improvement of the market economy in our country in recent years, the deficiencies of the law have become increasingly prominent. Based on the investigation of the legislation in the United States, Germany and Taiwan of China, this article analyzes the various problems of China’s “Unfair Competition Law” from many aspects. At the end of the article, on the basis of drawing lessons from the advanced experience of the United States and Germany, Put forward the corresponding perfect measures. At the same time, we have placed great expectations on establishing a scientific system of anti-unfair competition law that is both localized and internationalized, with both Chinese characteristics and international standards, and meets the requirements of the modern market.