Research On The Regulation Of The New-typed Unfair Competition Under The Network

We greet the global information age while the industrial age slips away.Undoubtedly, network is the most important role in the information age. As thefastest growing industry, network has changed our way of living and thinking as wellas developing a new market. In the newly emerging network market, competitionstogether with the network features become more brutal, and the related new-typedunfair competitions are endless. The typical acts like cybersquatting, searchingengine confusion, network malicious link, malicious software and so on. Lack oflegal regulation of the network acts has caused serious damage to the normalnetwork market competition.This paper focuses on several typical new-typed unfair competition under thenetwork, and leads to the defects of the current regulations of the network acts, andthen proposes the improved proposals and measures of perfecting our regulation inthe comparison of the foreign related acts.This study is divided into the following sections:Part I: A typical case leads to concern of China’s current regulation ofnew-typed unfair competition under the network.Part II: It defines the phrase of “new-typed unfair competition under thenetwork”, and distinguishes it from the traditional unfair competition and thetraditional network unfair competition. It selects the typical network acts into thedetailed analysis.Part III: On the analysis and conclusion of the features of new-typed unfaircompetition under the network in last part, it leads the defects of our legal regulationfrom the legislative, judicial view and the administrative oversight practices.Part IV: In order to fulfill our regulation of network unfair competition, wemust learn abroad. I will analyze the foreign experience from the view of legislation,legal liability, legal norms, hoping to improve our related regulations.Part V: It proposes the improved proposals from the level of legislation, justiceand administrative supervision.