Research On Regulation Of Internet Imitation Act By Anti-unfair Competition Law

With the development of the Internet technology, unfair competition on the Internet has raisedgeneral concern. Scholars has carried our fervent discussion and formed a large number of articles.Most articles studied on the view of legislators and throw out a suggestion to improve the law. But theresearch of practice and application of law are also necessary. This article is going to discuss how tomeet the challenges carried by the Internet technology within existing legal systems and how toregulate the new forms of representations of unfair competitions. So I have not mentioned the presentsituation and defects of legal regulation and legislative suggestions. Instead of that I research on howto regulate within existing legal systems. Some typical unfair competitions on the Internet such as theImitation of web pages, domain names, hyperlinks can classified into the act of imitation, so theauthor mainly studies the imitation on the Internet.Firstly, this essay defines the imitation on the Internet as extend of traditional act of imitation.And describe the key elements of significance, popularity, and confusion of the act of Internetimitation. These lay the foundation of research of categorization.Secondly, through the comparison of American mode and Germany mode, illustrating thatcomparing to the advanced protection of American intellectual property, the categorization mode ofGermany anti-unfair competition law is more suitable to our country. We need to balance thedevelopment of Internet and the Interest of competitors concerning our conditions.Using the Germany mode for reference, we need to regulate Internet imitation by anti-unfaircompetition law. Intellectual property law protects the legislated rights, while the anti-unfaircompetition protects the legislated interest. The anti-unfair competition law can adapt to the everchanging new forms of representations on the Internet. On the micro aspect, applying to anti-unfaircompetition law is more appropriate.Using the Germany mode for reference, we also need to apply to the mode of categorizationunder anti-unfair competition. On the one hand we need to explain the abstract definition, to explainthe general terms by some value measures. On the other hand we need to summarize the individualcases, to categorize the Internet imitation acts.