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Research On Legal Issues Related To Bidding

Posted on:2018-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q WengFull Text:PDF
GTID:2356330515961324Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since 2005,more and more problems with search PPC was exposured by domestic medias,and the Wei Zexi event pushed it to the cusp of public opinion.PPC is a new network operation mode provided by search engine.The concepts associated with it are not legislated.So there are different understandings in the application of legal issues such as the legal object of PPC.By sorting out the cases of PPC from 2005 to 2016,the dispute is mainly focused on the following three points:first,the legal attributes of the PPC are different;second,is it constitute infringement to use the trademark of others for PPC keywords and how to determine the violation of the rights;third,what are the obligations and responsibilities of the search engine.Through this analysis,the author concluded that the search PPC is an information search service,rather than advertising behavior.Of course,the PPC is not in the legal sense of the"advertising",but this does not mean that the PPC is not subject to legal regulation.Theoretically,we need to make a reasonable definition of the obligations of the search engine,and on this basis analyze the relevant legal regulation.For using other people's trademarks as a search keyword,only when it caused the majority of buyers and potential buyers thinking that the keywords of trademark goods and trademark goods have a sufficient relationship,it constitutes a trademark infringement.Whether the subject of the act is appropriate,whether the objectivity is justified,and whether the act is harmful are the three elements need to consider to determine whether it constitutes an unfair competition.
Keywords/Search Tags:PPC, search engine, trademark infringement, unfair competition
PDF Full Text Request
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