A Study On Private International Law Problems Of Unfair Competition

Most of the existing research on Unfair Competition in Private International Law in our Country is out of a single point of view. For example, some of the scholars have written on the Choice of law or Jurisdiction of Unfair Competition with foreign elements, others mentioned some separated Private International Law problems when written on the thesis of anti-trust or something like that. But there isn’t one work which covered all the Private International Law problems of Unfair Competition yet, including Jurisdiction, Choice of Law, dispute Resolutions, Recognition and Enforcement of Judgment and Arbitration Awards, and International Unification of Application of Law. This is what this dissertation is trying to do. Except for the Introduction, this paper divides into Six Chapters.The Introduction part of this paper includes the significance of this dissertation, the existing research of this thesis. You can find out some basic introductions of the emphases, methods and difficulties of this research in this part, too.Chapter one is about the general course of Unfair Competition, which is composed of three sections. These sections are talking separately about the concepts of Unfair Competition and the Law against Unfair Competition, and the brief history of Unfair Competition. This Chapter is the foundation of this dissertation, but not the keystone part.Chapter two is an outline of the Private International Law problems of Unfair Competition. Unfair Competition in Private International Law is the Unfair Competition with foreign elements. So the first section is about the foreign elements of Unfair Competition. Upon the first section, the second section introduces the Private International Law problems of Unfair Competition briefly, which can be divided into three parts mainly:the Jurisdiction, the Choice of Law and Dispute Settlement. The third section is about the particularity of Unfair Competition compared with other torts.Chapter three is solely on the Jurisdiction of Unfair Competition with foreign elements. This chapter is one of the keystone parts. The specific principles of Unfair Competition, the Jurisdiction of Unfair Competition, and the Jurisdiction of Unfair Competition on the Internet are studied and analyzed in this Chapter. The conclusion of this part is that:It seems that the Jurisdiction of Unfair Competition with foreign elements will still be the problem of internal law in the near future. And there will still be some differences among the bases of Jurisdiction in different countries, although there is a trend of harmonization of Law.Chapter four is about the Application of Law of Unfair Competition with foreign elements. It separates into four sections. Section one is about the Characterization of Unfair Competition with foreign elements; Section two focuses on the Choice of Law of Unfair Competition, including the scope of the applicable law; Section three talks about some special problems like the applicable law of Criminal and administrative cases of Unfair Competition and the online cases of Unfair Competition, and the problem of extraterritorial application of Unfair Competition Law. Section four studies the International unification of the law of Conflict-of-laws rules.Chapter five discusses the Dispute Settlement of Unfair Competition chiefly, which is constituted by International Civil Procedure of Unfair Competition, the Arbitrability of Unfair Competition and the Recognition and Enforcement of Judgment and Arbitration Awards of Unfair Competition.Chapter six is the last part, which is also the substitute of the Conclusion of this dissertation. It’s about the Private International Law problems of Unfair Competition in China. Two aspects of Chinese problems are included, the first is the realities of Private International Law problems of Unfair Competition in China; the second is the improvement.