Analysis Of Anti-unfair Competition Law In “Hankow Thames And Baidu Dispute”

On May 26,2016,Pudong New Area Court in Shanghai made the first instant judgment for “Hankow Thame by suing Baidu about the dispute of unfair competition”.The court thinks that Baidu should stop unfair competition and compensate the economic losses for Hankow Thames.As a new anti-unfair competition case in the Internet,the case has aroused widespread concern in the community.Basing on “Anti-unfair Competition Law”,this paper adopts the idea of “raising question-analyzing the problem-solving the problem”.Firstly,this paper analyses the dispute points,proves the difference of the internet competition in the operator,infringement act,the relationship of unfair competition,and the commercial ethics.Secondly,this paper not only proves Hankow Thames and Baidu`s competitive relationships,but also proved that Baidu company`s infringement behavior.Does Baidu Company has the implementation of unfair competition,and Baidu violated the commercial ethics.Finally,this paper gives some suggestions to improve the “Anti-unfair Competition Law” in the Internet filed.In addition to the introduction and conclusion,the paper is divided into three parts:The first part is the main case and controversial point of “Hankow Thames and Baidu ”.Through the analysis of Baidu constitute unfair competition case,this paper comes to the controversial focus of the case : How to identity internet operators` competition relationship;Does Baidu Company has infringed the legitimate rights and interests of Hankow Thames;How to identify unfair competition behaviors;Whether Baidu Company violated the commercial ethics.The second part is based on “ Anti-unfair Competition Law”,and carried on the concrete analysis around the dispute point.Firstly,the case must clarify the some theories about Internet operators and the standards of competition between operators.Under the Internet,we should understand the concept of the operator in a broad sense to know the relationship between the Hankow Thames and the Baidu map.Secondly,by explaining the definition and recognition standard of the Internet operator’s infringement behavior,this article clearly reviews the commercial value of the information,thus finds that Baidu Company unreasonable enhanced its competitive advantage,weaken the competitive advantage of others.Baidu’s behavior violates the legitimate rights and interests of HankowThames.Thirdly,by analyzing the theory of unfair competition in the Internet field,Baidu map violates the principle of competition and infringes upon the object of legal protection during the provision of information services.So there is unfair competition in Baidu.Finally,by introducing the theory and standards of commercial ethics,Baidu Company ignores the practice of industry,contrary to business ethics,constitute unfair competition.This paper proves that Baidu disregards industry practices and violates business ethics,thus constituting unfair competition.The third part is the inspiration that this case brings to our “Anti-unfair Competition Law”.“Anti-Unfair Competition Law” is difficult to deal with unfair competition on the Internet.The law is difficult to protect the legitimate rights and interests of consumers,Operators in the market.Therefore,we should improve the maneuverability of “Anti-unfair Competition Law’’.At the same time,in order to build a scientific and rational and efficient civil relief channels.We should also improve the “Anti-Unfair Competition Law(revised draft)”,so that we can protect the legitimate rights and interests of consumers,operators as the starting point,and effectively promote the Internet economy benign and healthy development.