Analysis Of Unfair Competition In Keyword Advertising Bidding Ranking

Since the revision of the Anti-Unfair Competition Law in 2017,it has provided a legal basis for infringements caused by the use of special keywords in keyword advertisements.However,due to the complexity of Internet advertising and the lag of the law,the newly revised "Anti-Unfair Competition Law" has gradually shown its inability to deal with the increasing problems of keyword advertising.At present,the main problem of keyword advertising infringement is still focused on whether the implicit use of keywords in the background will cause infringement.Internet advertisements use other people's business logos as keywords to be displayed only in the background,and the Internet advertisement pages do not have relevant content.In this case,whether it belongs to the situation stipulated in Article 6 of the Anti-Unfair Competition Law.In addition,for the judgment of the responsibility of Internet advertising service providers,China currently has disputes on this,especially whether it constitutes an infringement.Although China's laws stipulate that Internet advertising service providers have certain review obligations,the review standard has obviously not Then apply to keyword advertising.Judicial practice in my country mainly judges whether Internet advertising service providers should bear the responsibility based on whether they have fulfilled their reasonable duty of care or directly participated in the process of keyword infringement.However,because my country's current review responsibility for Internet advertising service providers is not clear,the above two methods still have certain flaws,so it is necessary to clarify the review obligations of Internet advertising service providers as soon as possible.This article mainly analyzes the issues in this article from the following aspects.The first part raises the controversial issues of this article.The analysis of the "Xinhui Jiangyu" case leads to the current problems in the promotion of keywords in China.That is,whether the use of keywords,especially dedicated keywords,constitutes an infringement.Internet advertising service providers are the key The word advertisement constitutes a problem of liability determination on the premise of infringement.The second part is the analysis of keyword advertising.It mainly analyzes the classification and legal nature of keyword advertising.Keyword advertising is divided into special keyword advertising and general keyword advertising.The bidding ranking service should belong to commercial advertising services.The third part analyzes the legal regulations for the use of special keywords,mainly from two aspects: the legal characterization of special keywords and their legal regulations.The use of special keywords is mainly discussed from the aspects of trademark infringement and anti-unfair competition.It is believed that the use of special keywords should be regarded as unfair competition rather than trademark infringement.For special keywords,the legal definition needs to be clarified and improved The degree of censorship of dedicated keywords.The fourth part analyzes the use of general keywords,mainly from two aspects:whether the use of general keywords constitutes infringement and its legal regulations.Although the use of general keywords will not cause infringement,but the content of the web page pointed to constitutes infringement,the general keywords will also constitute infringement.Therefore,there is no need for Internet advertising service providers to undertake a high degree of censorship of general keywords Obligation,the right to review generic keywords is more delivered to consumers,and establish a consumer review supervision and management mechanism.The fifth part is to analyze the responsibility of Internet advertising service providers,mainly from the theoretical basis of Internet advertising service providers' review obligations,the embodiment of review obligations in judicial practice and how to build a more reasonable review obligation system.Internet advertising service providers have a natural advantage in reviewing keywords,especially dedicated keywords.Although China's "Advertising Law" stipulates that Internet advertising operators have certain review obligations,it is clear that China's laws provide for the standard of review obligations of Internet advertising operators.It is not suitable for use in keyword advertising.In practice,the judgment to define the review standards of Internet advertising service providers also needs to be improved by law,which is extremely unfavorable for determining the responsibility of Internet advertising service providers in keyword bidding ranking.Therefore,it is necessary to clarify the censorship standards of Internet advertising service providers and improve the censorship obligation system of Internet advertising service providers.Finally,summarize the full text.The current era is the era of "focusing on the economy".Keyword bidding ranking services have become the first choice for companies to promote their products or services.In order to better achieve the purpose of publicity and reduce related litigation,the law should clarify the characterization of keyword advertising infringement as soon as possible,especially the legal characterization of dedicated keyword infringement,improve the relevant legal provisions,and establish a comprehensive review system for Internet advertising service providers,Clarify the standards for the responsibility of Internet advertising service providers.