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The Study Of Trademark's PPC

Posted on:2012-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:R LiFull Text:PDF
GTID:2166330338960108Subject:Law
Abstract/Summary:PDF Full Text Request
The emergence of search engines allows us to obtain information on the Internet more convenient, and with it we have to remember long strings of the domain name no longer. However, the search engine"PPC"to bring our results are not entirely technology-neutral and search out the results, but there is decided by bidding position before and after sorting. Operators in order to attract the attention of consumers, often a competitor's trademark has a huge pool of goodwill in particular the well-known trademark as a keyword, to lure consumers to their website for information. This is discussed in this article conduct the initial confusion, and because of this behavior and the traditional trademark infringement are very different, our country's trademark law and other relevant provisions of this law is not clear, so we decided that this behavior nature of the infringement there are certain difficulties, academic understanding of this there are different, so I believe that this need for further study.This paper uses the following methods: philosophy of law research methods emphasizing on social values and public interest, the laws of economics analysis emphasizing on market efficiency and optimal allocation of resources ; and empirical analysis emphasizing the application of specific examples. Baidu in the analysis of public complaint on the basis of the case, summed up the initial confusion on the theory of domestic and foreign research results, but also put forward their own point of view.This addition to the introduction and conclusion, is divided into five parts, of which the third and fourth part is the focus of scholars focuses on the different behavior of the initial confusion views and ideas put forward by assessing their own views.The first part introduces the case.The second part summarizes the two point case: First, qualitative and PPC search engine service providers in the provision of services to meet the duty of care; Second, this act is applicable to trademark infringement or unfair competition regulations.The third part is focused around the two circles on the part of the disputes and differences exist. The nature of the pricing differences rankings or search engine advertising services; in the second focus of the controversy outlined in the first analysis of the causes can not be regulated, and then focus on doing the initial theoretical overview of confusion, but also for trademark infringement and non- legitimate competition to do a comparative analysis of two views. The fourth part is the conclusion of the study, the fifth part of the case gives us inspiration. In the two parts, the author put forward his views: (1) PPC as a paid service, Baidu natural to assume a certain duty of care, but the interests of the community to consider comprehensive, this duty of care should only be limited review on the form; (2)It is not suitable for expanding the existing Trademark Law of the scope of the initial confusion behavior can include trademark law, unfair competition law and other legal regulations. (3) the need to further clarify the anti-unfair competition law and trademark law and other intellectual property rights in particular the relationship between law, only the correct treatment and anti-unfair competition law to strengthen protection of intellectual property, intellectual property protection can be improved.
Keywords/Search Tags:trademark infringement, The initial confusion, anti-unfair competition, duty of care, PPC
PDF Full Text Request
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