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Briefly describe the relationship between unfair competition and trademark infringement.
Answer: In the field of trademark rights, there are two kinds of behaviors that damage the rights of the exclusive owner of a registered trademark: ① acts of infringing trademark rights, and ② acts of unfair competition. Infringement of trademark rights includes the use of a trademark identical with or similar to another person's registered trademark on the same or similar goods, or the unauthorized manufacture and sale of another person's trademark logo, or the act of counterfeiting another person's registered trademark; In addition to counterfeiting the registered trademarks of others, acts of unfair competition also include the unauthorized use of commodity names, packages or decorations that are the same as or similar to those of other people's well-known trademarks, causing confusion with other people's well-known commodities and making buyers mistake them for the well-known commodities. Obviously, there is a difference between trademark infringement and unfair competition. Specifically, it is manifested in the following three aspects: ① Trademark infringement is an act of using another person's registered trademark without authorization, while unfair competition is an act of passing off one's own goods as those of others; (2) the act of infringing trademark rights does not need to have deceptive intention, while unfair competition takes deceptive intention as its essential condition; (3) in the case of trademark infringement, the infringed trademark must be registered in advance, and the trademark involved in unfair competition is not necessarily registered. Counterfeiting the registered trademark of others is not only an infringement, but also an unfair competition. If the circumstances are serious, it also constitutes a crime. The reason why the Anti-Unfair Competition Law stipulates

the act of counterfeiting another person's registered trademark as an act of unfair competition is that it is obviously deceptive, which may easily lead consumers to mistake the counterfeit goods or services for those of counterfeiters, thus damaging the legitimate rights and interests of registered trademark owners and consumers. [Hint] Some trademark infringement acts themselves constitute unfair competition acts, such as counterfeiting others' registered trademarks, but there are differences between them.