商标法是专门规定商标产生、流转和保护等的法律,系私法范畴;反不正当竞争法是规制市场不正当竞争行为、保护经营者和消费者的利益的法律,系公法范畴。商标作为私权,但同时商标也是竞争手段,因此商标侵权行为存在同时违反商标法和反不正当竞争法的情形。如何去甄别两者的差异和竞合,具有指导司法实践的重要异议。 Trademark Law is a law that specifically stipulates the production, circulation and protection of trademarks. It is a category of private law. Anti-unfair competition law is a law that regulates unfair competition in the market and protects the interests of operators and consumers. It is a category of public law. Trademarks as private rights, but at the same time the trademark is also a means of competition, so the existence of trademark infringement at the same time violation of the Trademark Law and Anti-Unfair Competition Law. How to distinguish between the two differences and competing, with the important objections to guide judicial practice.