Research On The Conflict Of Laws In International Unfair Competition

International unfair competition has emerged about the late middle period of the19thcentury and gradually grown up as a new type of international economic torts coming alongwith the permeation of globalization. It causes injury to other competitor’s interests, violatesthe interests of consumer, and destroys the normal social and economic orders. At the sametime, it is unavoidably concerned issue faced with the worldwide market economy country toestablish good market order. Facing up with the special tort because of internationalizingbusiness, all the countries strengthen legislation to regulate unfair competition one afteranother, but different from each other on account of legislative idea and values. When in aparticular international unfair competition case, every country involved wants his law to beapplied for the sake of his own state interests, resulting in an increase of conflict inapplication of unfair competition law. Therefore, this thesis keeps to the point of conflicts ininternational unfair competition and discuses solution to resolve the conflicts from beginningto end.Full-text from the introduction, body and conclusion composed of a total of more than40000words, which has been divided into four parts.The first chapter starts from the basic concept of unfair competition, as well as conceptsof other anti-competitive behaviors relevant to it, to establish a preliminary perceptualknowledge of them. Owing to profound moral foundation of concept of unfair competition,causes confusion to understand it, so we have to give introduction of international unfaircompetition from the three aspects of subject，object and content, and supplemented by aseries of cases, to further strengthen the perceptual knowledge of them. Immediately the essayanalyzes different legal rules on definition and categories, right of action, legal responsibility,imputing principle, and damages of unfair competition in different countries, due to thediversity of legislative goal and legislative technique, and makes further analysis of thereasons leading to the conflict of international unfair competition. This part of content notonly deepens the reader’s understanding of the conflict, but also provides a clear clue to thediscussion of two basic solutions to the conflict from the perspective of private internationallaw for the article below.The second part of this paper elaborates special conflict rules owned by privateinternational law to figure out the conflict of international unfair competition. Thereinto, sectionⅠfocuses on all the nations’ various legislation styles of conflict rules of unfaircompetition in the present, arriving at a conclusion that most countries of the world hasincorporated general conflict rules of tort to settle down the law application to foreign-relatedunfair competition infringement cases. But there also exist a small number of states to singleout unfair competition as a special tort and to make some special conflict rules for theinternational unfair competition infringement. The first quarter introduces the someinternational organizations’ commitment to unify the conflict rules of unfair competition,either. SectionⅡfinds that the applicable law to international unfair competition has alsoadopted the excellent theories of conflict of tort law except local law applicable to tort general,coming to a conclusion that the rules has presented the fresh trend of “independence andassimilation”. Section Ⅲillustrates some special questions related to the law application ofinternational unfair competition.The third chapter deals with the solution to work out the conflict through uniformsubstantive law. In fact, the international society has worked hard to unify the unfaircompetition law of all countries, and has achieved some initial results. But it is a pity that thepreliminary results are the principle advocates, and are concentrated in the internationalconventions on intellectual property. Hence, this part of paper focuses on the introduction ofthe preliminary results, although the uniform substantive law of worldwide unfair competitionhas not formed, in a real sense. To our delight, it is nice to see that the regional unifiedmovement of unfair competition represented by EU is thriving, and the achievements of themovement are amazing, which also has been illustrated in this part.All the discussions above about the conflict of international unfair competition and thesolutions to it has not only established rational cognitions in the related fields, but alsoprovided some useful reference. So the fourth part of this essay mainly talk about how toperfect corresponding laws of our country from the perspective of substantive unfaircompetition law and the conflict rules of foreign-related unfair competition tort. In a word,China has to stand on the realities of the country and draw lessons from foreign advancedaccomplishment, and build legal system with Chinese characteristics of applicable law ofunfair competition involving foreign elements.