Bidding Rank’ Lagal Issues Research

In recent years, because of bidding rank business, several major bidding rank search engines encounter more and more lawsuits frequently. On the one hand the profit model bidding rank bring in huge profits to the search engines. On the other hand, it makes the search engine face more legal risk. Although the "Tort Law" played an important role in guiding search engine service providers’behavior, Bidding rank is different with general network tort. The general rule of "Tort Law" appears to be some helpless.This article is divided into four parts, the first part is overview of bidding rank. Introducing the search engine technology and its working principle and the status of bidding rank. In order to grasp the overall bidding rank business we have to learn the concepts, characteristics and basic issues of working principle first.The second part is keyword infringement of bidding rank. Scholars and judicial officers propose that keyword infringement cases should be handled as trademark infringement. After carefully analysis, the author thinks that keyword infringement is not trademark infringement, It should be regarded as unfair competition.The third part of the study is Illegal link problems of bidding rank. Quality of bidding rank should be classified as technical services instead of advertisement. The search engine service providers who undertake the due obligations is not based on liability of "Advertising Law" but on the "fault" standard.The fourth part of the contents is unfair competition problems of bidding rank, including malicious clicks and malicious shielding. Recommend measures to regulate the behaviors of malicious clicks and malicious shielding.Bidding rank bring profit and convenience to search engine service providers and business operators, In addition to this, there are many legal issues. The development of special laws and regulations is very necessary, At the same time Industry self-regulation and administrative supervision play an increasingly important role in restricting bidding rank business and maintaining network security.