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在知识经济时代,知识、创新已经成为国家发展、社会进步的核心要素,知识产权日益取代传统物权成为国家和个体、组织最为关心和重视的一种财产权利,我国也正朝着建设创新型国家而努力;同时,市场经济作为一种最有效的资源配置方式在当今已成为占支配地位的经济体制,有市场经济的“经济大宪章”之称的竞争法的地位则尤为突出。竞争法与知识产权法这两条自由经济的法律基石不可避免地存在冲突和协调,本文就着重对竞争法与知识产权法之间的关系作出界定。
In the era of knowledge economy, knowledge and innovation have become the core elements of national development and social progress. Intellectual property has increasingly replaced traditional real rights as a property right that the state and individual organizations are most concerned about and valued. Our country is also moving toward building an innovation-oriented At the same time, the market economy, as one of the most effective means of resource allocation, has become the dominant economic system nowadays. The status of competition law, which is called the “Economic Charter” of the market economy, is especially prominent. There is inevitably conflict and coordination between the two cornerstones of the free economy, ie competition law and intellectual property law. This article focuses on the definition of the relationship between competition law and intellectual property law.