The Impacts Of Internet To Judicial Determination In Unfair Competition And The Judicial Response

The rapid development of the Internet economy and the backward content of the Anti-Unfair Competition Law have led to an increasing number of unfair competition behaviors in the Internet,of which the types are becoming more diverse.In order to regulate the new forms of unfair competition effectively,the Anti-Unfair Competition Law has been in the long process of revision.But before the formal introduction of the new law,judges still need to follow the existing referee basis and make a positive judicial response.Through the analysis of No.29 guidance and a number of representative unfair competition cases in the field of Internet,this paper summarizes the characteristics of the market competition behavior in the Internet field and the characteristics of the trial results under the influence of Internet.On the basis of the analysis of the referee basis adopted by the judge in practice,this paper tries to make effective suggestions on how to judge the Internet unfair competition in judicial practice.The main text is divided into four parts:The first part is a case study.Through interpreting referee instruments of No.29 guidance case,it is concluded that the duration and scope of the use of the business name can be considered in determining whether the name of the enterprise has a wide range of market visibility.In addition,the behavior of setting the keywords in the PPC system inadvertently may be identified as unfair competition by malicious confusing the relevant public.After elaborating the judge's decision on the case,this paper puts forward that the search engine service provider should bear the keyword review obligation because of the legal nature of the paid search.The second part is a summary of the impacts of Internet development to unfair competition.By reference to the statistical data on unfair competition cases in related studies and a number of representative major Internet unfair competition cases,this part sums up the characteristics of the Internet market competition behavior,the representative cases with these characteristics and the impact of the Internet on the trial of unfair competition.The third part is the introduction and analysis of the existing referee basis of the new unfair competition case in the Internet.The object of parsing is the general clause in<Law of the People's Republic of China Against Unfair Competition>,the principle of not interfering except for the public interest and Article XIII in<Law of the People's Republic of China Against Unfair Competition(Revised draft)>.For the general terms,this part mainly analyzes its existence and the basis of the content,and points out the possible limitations of using commercial ethics as a criterion.For the principle created by the judge,this part demonstrates the shortcomings of the principle in practice by combining the principle with the actual case and the existing legal provisions.For the new clause in the law,this part analyzes whether the clause is feasible in practice by combining with the specific case.In the last part,this paper comes up with measures to improve judicial determination of unfair competition in the field of Internet.Measures mainly include three aspects,such as clearing the standard of legitimate competitive behavior,limiting the scope of the discretion of the judge,making a referee according to the consequences,letting people jurors play a role in identifying the facts of the case and balancing the influence of public opinion to people jurors.