Research On The Pre-Litigation Injunction Of Data Unfair Cmopetition Competition In The Network Platform

Data as an important resource in the network platform,in improving the business strength,convenient for people’s lives at the same time,there are also some network platform enterprises use data to implement the act of undermining the order of competition.In the face of data unfair competition,the manifestation of this diverse and changing behavior,take the general litigation means is difficult to achieve accurate,fast and efficient regulation purposes,but the pre-litigation injunction this behavior preservation procedures can be in the pre-litigation unfair competition behavior to provide fast and efficient protection,which should attract attention.Before 2012,China’s behavior preservation system only in the traditional field of intellectual property rights,the Civil Procedure Law(2012)will be the scope of application of behavior preservation extended to the entire civil field,which makes the application of pre-litigation injunction in the network platform data unfair competition cases become lawful.However,the pre-litigation injunction system has not been applied in China for a long time,and many operational aspects are not clearly defined,so there are still more problems in the judicial adjudication of data unfair competition cases on online platforms.The judicial interpretation of conduct preservation promulgated in 2018 provides for the consideration of the necessity of preservation,the release of preservation measures and the application with errors on the basis of summarising some new issues that have emerged in recent years in intellectual property practice.However,data unfair competition on online platforms is a new type of unfair competition,and the current understanding and knowledge of it is not comprehensive enough,and there is a lack of legal regulation.Therefore,the definition of data unfair competition on online platforms,the review standard of pre-litigation injunction and the procedural aspects are discussed on the basis of the existing research.Therefore,this thesis addresses the imperfect protection of data unfair competition in online platforms as a starting point,focusing on the application of pre-litigation injunction as a remedy in which the problem lies.The purpose of this thesis is to analyze the application of pre-litigation injunction in the field of data unfair competition in the network platform by combining the cases of applying for pre-litigation injunction in judicial practice,and to provide certain suggestions for stopping data unfair competition in the network platform.