An Empirical Study On Legal Regulation Of Unfair Competition Behaviors On Webcast Platform

Since the birth of webcast in 2016,it has entered people’s field of vision rapidly.Watching webcast has become one of the important ways for people to carry out leisure and entertainment activities.As of March 2020,the number of webcast users has reached 562 million,and the mobile live broadcast market has exceeded 40 billion.Lured by the huge market interests,the traffic disputes among the major webcast platforms become more and more fierce,and the unfair competition behavior occurs frequently,which seriously damages the market competition order and the legitimate rights and interests of operators and consumers.It is urgent to regulate and adjust the above behavior through the Anti-Unfair Competition Law.However,due to the lack of relevant theoretical research,the lack of pertinence of the existing research,and the vague application of relevant laws,the unfair competition of the webcast platform has been repeatedly prohibited.In view of this,this paper will conduct in-depth research on the unfair competition behavior of the webcast platform,in order to promote the healthy development of the webcast industry.Firstly,on the basis of introducing the era background of the unfair competition behavior of the webcast platform,this paper takes three typical cases as the breakthrough point: "Yaoyu company v.Douyu company","Yuqu company v.National platform" and "Liujianfang v.Lehai company".By combing the judgment ideas of the court in the case,this paper summarizes and analyzes the problems reflected in the case,such as the unclear way to deal with the concurrence of AntiUnfair Competition Law and Intellectual Property Law,the uncertainty in the identification of unfair competition behavior and the difficulty in determining the amount of damages.Secondly,aiming at the concurrence of Anti-Unfair Competition Law and Intellectual Property Law in the regulation process of unfair competition behavior of webcast platform,based on the introduction of the historical origin of the two laws,this paper analyzes the concurrence of Anti-Unfair Competition Law,Copyright Law and Trademark Law in typical cases,and analyzes the problems existing in the concurrence of Anti-Unfair Competition Law and Intellectual Property Law.In view of the legal application problems existing in the concurrence of the two laws,this paper puts forward that when the Anti-Unfair Competition Law provides supplementary protection to the Intellectual Property Law,it should examine the conflict between the Anti-Unfair Competition Law and the legislative policy of the Intellectual Property l Lw.At the same time,it should limit the scope of protection by the additional factor method,and unify the judgment standards of such cases in the network live broadcasting platform.Thirdly,the article discusses the identification of unfair competition behavior of webcast platform.This paper introduces the two forms of unfair competition behavior in violation of the general provisions and typed provisions of the Anti-Unfair Competition Law.Through the in-depth analysis of the three identification bases of the behavior constitution standard,business ethics standard and interest measurement standard adopted in the identification of unfair competition behavior in different forms,this paper returns to the legislative purpose of the Anti-Unfair Competition Law,and summarizes the factors considered in the identification of unfair competition behavior of the network live broadcasting platform.Finally,the article combs the current situation of compensation for unfair competition disputes of webcast platform.In view of the incompleteness of the scope of damage compensation,this paper puts forward some suggestions to improve the scope of damage compensation by taking the loss of operating profit as the main part and bringing the loss of expected profit and goodwill into the scope of damage compensation.In addition,the article further improves and adjusts the way to determine the amount of damages in the unfair competition of the webcast platform,in order to better solve such disputes.