Research On Internet New Unfair Competitions

In the Internet market economy, enterprise competitions become increasingly competitive, Internet market competing order has attracted more attention. Meanwhile,’Anti-Unfair Competition Law’ has enacted for20years. The law has been in poor circumstance in the process, it seems more crude and lost when faced with Internet new acts of unfair competitions, with the Internet technology promoting rapidly. Based on the above background, there are more and more proposals on revising the ’Anti-Unfair Competition Law’to include Internet new acts of unfair competitions.In order to perfect the research, I have collected Internet new unfair competition cases which are typical and milestone-alike since year of2000, which completely figure the forms of enterprise competitions during the rapid Internet development. This is the reason I categorize the overall characteristics and category of the Internet new acts of unfair competitions based on cases. In terms of law applying, the hysteresis and highly general clauses of ’Anti-Unfair Competition Law’made it tougher to be applicable to Internet new unfair competition cases. This thesis attempts to start with the original form of new acts of unfair competition, categorize the Internet new unfair competition cases appeared in recent years, elaborate the competing measures and its legitimacy, indicate the uniqueness and crossover of law applying according to features of Internet new unfair competitions, and examine competitions from different perspectives on legal interest protections to provide arguments for law revising.Due to the special nature of the network environment and complexity, advanced technology and concealment of the competitions,’Anti-Unfair Competition Law’cannot bear all the applications of Internet new unfair competitions. I have elaborated the illegal factors and judgements of these competitions, and introduced the multiple branch laws of Civil Law. I hope that certain research clues and methods could be obtained through this thesis for deeper and thorough research on Internet competitions.