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随着知识经济的蓬勃兴起,两岸经济、科技和文化交流中含知识产权的商品与日俱增,知识产权的侵权与反侵权之争时常发生,且有升级之势,这将给两岸经济、科技和文化交流的进一步发展造成严重阻碍,因比,两岸知识产权法律冲突问题亟待解决。本文拟就两岸知识产权法律冲突及其法律适用问题略陈管见。一、两岸知识产权法律冲突的产生由于台湾在国民党统治下长期与大陆处于隔绝、半隔绝状态,从而使台湾地区形成了不同于大陆的法律制度。随着两岸经济、科技和
With the rapid rise of the knowledge economy, the number of goods with intellectual property rights in the cross-Strait exchange of economy, science, technology and culture has been increasing day by day. The dispute between intellectual property rights infringement and anti-infringement has been frequent and escalating. This will give cross-Strait economy, science, technology and culture The further development of exchanges has caused serious obstacles. Due to the cross-Strait conflict of laws on intellectual property rights, it is urgent to be resolved. This article is intended to give some comments on the legal conflicts and legal application of intellectual property law across the Taiwan Strait. I. Conflict of Intellectual Property Laws Across Taiwan Strait As Taiwan is isolated and semi-isolated from the mainland under the KMT rule for a long time, Taiwan has formed a legal system different from that of the mainland. With the cross-Strait economy, science and technology