Legislative Regulations Research Of Unfair Competition In Pay Per Click

Search engine has been in-depth social life,PPC service this low and effective way of Internet business promotion by more and more enterprises of all ages,but the use of PPC service unfair competition caused by judicial action and social events are also increasingly more.Search engine as a means of information transmission,search engine service providers should provide real information as a criterion to maintain the credibility of its search results,to assume its ability to match the social responsibility,refused to become unfair competition behavior accomplice.In this paper,the use of normative analysis,empirical analysis,case analysis and other research methods,mainly from the five parts of the PPC in the unfair competition in the legal regulation of the discussion:Part 1: the basic interpretation of the PPC.Firstly,the concept and characteristics of PPC are briefly introduced.Secondly,there are two views on the controversy between the theoretical and practical circles about the legal nature of the bid ranking.There are two main points of view: one view is that the PPC service is a search engine technology service.Another view is that the PPC service belongs to commercial advertising.In the judicial practice,in the case of litigation cases caused by the unfair competition in the use of the PPC,the minority judges respectively supported the above two views in the judgment,and most of the judges were more inclined to whether the behavior involved was improper Direct analysis of competitive behavior,to avoid the legal nature of the PPC service qualitative.Part 2: Analysis of the Relationship between PPC and Unfair.There are four types of litigation and social events in the PPC that are due to unfair competition: shielding behavior,confusing behavior,falsepropaganda behavior and fraudulent behavior.However,the unfair competition in this article refers to the unfair competition in the narrow sense,does not include restrictions and exclusion of competition.Therefore,the unfair competition in the PPC does only include the use of PPC services to implement the confusion and false propaganda behavior.Part 3: the current situation of legal regulation of unfair competition in the bidding rank.For the use of PPC service implementation of the confusion,judicial practice is usually trademark infringement or unfair competition behavior to pursue the PPC service customer responsibility.In view of the false propaganda behavior of the PPC service,the legal nature of the PPC service has not been established in the judicial practice.Therefore,in the case of the customer responsibility for the purchase of the PPC service,the "Anti-Unfair Competition Law" Advertising law ".Judicial practice,in the regulation of the search engine service providers of unfair competition,the trial judge usually resort to "help the infringing theory" and "network safe harbor rules." In practice,the search engine service is usually in the existence of the infringement after the fact that the initiative to delete,disconnect the link has been done to the legal responsibility,and will not be required to bear the liability for unfair competition.Part 4: the plight of legal regulation of unfair competition in the bidding rank.In the regulation of the use of PPC in the implementation of the confusion,there is the PPC staff to review the obligations of the standard difficult to determine the difficulties.In the case of the case,whether the PPC service provider has the obligation to review the keywords and what kind of audit obligations are there shall be the basis for judging whether the service provider is responsible for the use of the PPC service.But both the theoretical and practical circles,pvc ranking service providers to review the commitment and commitment to the form are quite controversial.In the regulation of the use of economic ranking servicesto implement false propaganda behavior,there is "advertising law" difficult to apply the plight.Although the legal nature of the PPC's commercial advertising is determined,the "advertising" is targeted by the advertiser,the advertiser,the advertising designer,and the PPC service provider does not belong to the above role and is therefore less likely to be "advertised Law " adjustment.Although the judicial practice in the regulation of competitive bidding in the unfair competition behavior more applicable "anti-unfair competition law",but because of the lag of the law,promulgated in 1993,"anti-unfair competition law" can not predict 20 years after the Internet Of unfair competition,it is difficult to regulate the behavior of search engine service providers.Part 5: Perfection of Legal Regulation of Unfair Competition in PPC.In the first place,it is feasible and reasonable to conduct a proactive review of the registered trademark of the keyword against the keyword by the service provider for the convenience of obtaining the information.The PPC will also take the initiative to review the purchase of the PPC.The law of the People's Republic of China is legally established to provide a set of keywords that are set up in relation to the content of its website,the security of the products or services provided and the relevant national standards.Second,because of the "Trademark Law","Anti-Unfair Competition Law" does not explicitly stipulate the use of PPC in the implementation of the confusion,judicial practice through the "help infringement theory" and "network service providers in time to disconnect the obligation to link" PPC is the legal liability of the service provider,so it is necessary to amend and perfect the Trademark Law and the Anti-Unfair Competition Law.Moreover,we should strengthen the industry self-discipline,the establishment of PPC staff Association,the development of viable industry norms,to guide the healthy development of Internet advertising.Finally,in the case of litigation or social events caused by unfair competition in the PPC service,whether the judgein the judicial practice shall be obliged to determine the obligations of the search service provider or the relevant departments of the social hotspot incident to the search engine service provider Punishment,because the punishment is too low did not play the role of deterrence.It should increase the punishment,forcing the search engine service providers to bear the social responsibility with their considerable income.