Bidding Dispute Case Analysis

The arrival of the age of the Internet, making the Internet become the main ways of people access to and search information resources. Facing such a great business opportunity, search engine technology based on the competitive ranking service also arises at the historic moment. Howerver, due to "Dazhong appeals to baidu" case and "Gangyi appeals to Google" case occurrence, competitive ranking the emerging network marketing model also has caused the judicial practice and the theory attention. For search engines for business, competitive ranking to bring huge profits to them, at the same time, also make the search engine business faced huge legal risk. This paper, from two cases of typical, analysis a series of legal issues in the process of competitive ranking service, by comparing the relevant legislation at home and abroad, put forward the corresponding legal advice.Competitive ranking is the main profit model of Internet search engine operators. In the competitive ranking service process has many legal problems, from the user’s standpoint, the key words user settings may infringe upon the holder of the trademark; from search engine business standpoint, If they provide assistance and convenience for the user in the competitive ranking service process may constitute a indirect infringement, will assume tort liability. Competitive ranking in essence should be a kind of advertising, so, in the competitive rankings may exist false advertising, unfair competition, and a series of illegal advertisement. As a result of the present laws and regulations is difficult to competitive ranking the law issues make reasonable positioning, judicial practice has ragged. So to the existing law amended and rationally make special laws and regulations is very necessary. This article in view of the above competitive ranking the problem and put forward my views and suggestions, hoping to competitive ranking laws make better regulation, balance the interests of all parties, and to maintain the normal order of the market economy.