| ProLes systematically into the application and perfecting of the anti-unfair competition act in the circumstance of internet economy, considering the need of the development of internet economy. This dissertation consists of three chapters besides the preface, with about 35,000 Chinese words.Preface provides the bankround of the dissertation. Points out that the anti-unfair comptition act is so neglected even though it's very important in the internet economy. So it is necessary to probe into the application and perfecting of the anti-unfair competition act in the internet economy.Chapter One briefly introduces the birth of the internet economic firstly and points out the brand new economy influences the future life of mankind boardly and deeply. Secondly does some research on whether the internet society needs to be regulated by the law, then draws to a conclusion that the internet society is also in the urgent need of the regulation" of law. Lastly, the author argues that with the appearance of internet economy whith is the change of economic basis wust bring about the accordingly chang of law as in the realm of the superstructure.Chapter Two points out that the appearance of the internet economy also brings about many problems and many contradictions. As a legal department the economic law has much more direct and closer conection with the economic dasis than the other legal departments, so the internet economy wust have a noteable impact on the economic law, whith cannot be neglected. To say the anti-unfair competition act, because that the situation of competition is much tough in the internet economy but the moral attainments are't rising in the same time, people need a much powerful method to bind the action of people that's the law. The competition is in dispensable requisite to the marketing economy, But it regrets that the unfair competition is always accompany with the competition, therefore, the competition must be regulated, that's to say, must apply the law as a method to restrict the negative factor of the marketing competition, otherwise it will makes chaos and does damage to the development of economy. In the same time, as a new flourishing economy, internet economy's vitality is somewhat fragile, so it's in great need of the regulation of the anti-afair competition act to establish a good competition order for the prosperous grow of the internet economy. In the following, according to the anti-unfair competition act, the author analyses the constitution of the unfair competition from three aspects: the subject, the charater and the outcome, to expound the possibility to apply the anti-unfair competition act in the internet economy. Lastly, the author explains the questions which could be asked by the readers with regard to the content and framework, and points out the justifiably of the appliance of the anti-unfair competition act in the scope of the questions discussed in the following passage.Chapter Three as the most important part of the dissertation, it expounds the unfair competition and the relative questions about the application and perfecting of the anti-unfair competition act in detail, concerning the domain name, the page, the hyper-linking, the internet advertisement and the trade secret.1. The unfair competition on domain name. In this section, fristly defines the notion of the domain name and points out that the domain name is different with the trademark. Secondly, introduces and analyzes three types of theories about the disputes of the domain name and the trademark, then prefers one of them. Thirdly, introduces some ways to deal with those disputes of other countries and international organizations and some regulations of our country. Lastly, the author presents suggestions to handle those problems in different conditions. In the section of the domain name and the enterprise name, and the section of the domain name and the domain name, the author also does some separately researchs on them, and gives out suggestions accordingly. In the end, advises on t... |
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