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The Application Of Network Video Advertising From The Perspective Of Anti-unfair Competition From Aiqiyi Vs.juwangshi

Posted on:2019-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:S Y RenFull Text:PDF
GTID:2416330545494191Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of the Internet,the market competition under the network environment has emerged unprecedented fierce competition,and the lagging behind of the current legal norms has formed a strong contrast with the development of market competition and thunder and lightning,and the soundness of legal norms is imminent.The improvement of the system is imperative.The case of "Aiqiyi.com" and "Aiqiyi unfair competition" are typical examples of dispute resolution of unfair competition in online video advertising.It reflects the fact that the filtering of online video advertisements is very common in today's Internet unfair competition.Justified competition.For the judicial practice of the Unfair Competition Law,the unfair competition behavior of online video advertising has extremely important practical significance in the study of legal application.The verdict of this case is for the determination of the competitive relationship under the network environment and the judgment of the justification of the competitive behavior.It has a certain guiding significance.The expansive application of the general provisions of the Anti-Unfair Competition Law is a reflection of the dilemma of the current Internet-related legislation.The legal regulation of China's video network advertisement unfair competition behavior needs to be improved urgently,and it is necessary to provide more judicial confirmation of the Internet unfair competition behavior.Legal and reasonable basis.Due to the rapid development of science and technology,the vagueness and uncertainty of law application,and the fact that evidence is particularly difficult,the regulatory model of the competitive order of Internet video companies needs to be improved.Except for the introduction and conclusion,this article is mainly composed of four parts:The first part is the brief introduction of the case of this case and the case of AiQiyi's unfair litigation series.This section mainly summarizes the case of unfair competition disputes between Beijing Aiqiyi and Juwangshi,summarizing the judgment results of the series of disputed points.The second part focuses on the dispute in this case and the corresponding legal analysis.This case focuses on four issues: whether the original defendant has a competitive relationship;whether the “free + advertising” business model is protected by law;whether it violates the principles of honesty and credit and business ethics;and whether the filtering of online video advertising constitutes unfair competition.Then,a legal analysis was conducted on the abovefour dispute points.The third part is the legal application of the unfair competition behavior of online video advertising.This section focuses on the impact of the new Anti-Unfair Competition Law formally implemented on January 1,2018,and analyzes the circumstances in which the general provisions of the new unfair competition behavior are applied,and then combines the specific circumstances of the case.Discusses the applicability of general terms and the specific conditions of application.The fourth part is the enlightenment of "Aiqiyi Online Video Advertising Case" against China's unfair competition.This section is based on the above summary,from the "unfair competition law" itself,the Internet industry and diverse three different perspectives of the dispute resolution mechanism suggest the application of online video advertising.The concluding remarks briefly summarize the full text,simply reiterating the problems in this case and this article for the application of online video advertising and dispute resolution.
Keywords/Search Tags:Aiqiyi VS.Juwangshi, Network video advertising, Internet, Unfair competition
PDF Full Text Request
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