On The Legal Regulation Of Network Atypical Unfair Competition

The network atypical unfair competition in the article is not included in the specific of the "Anti-Unfair Competition Law" in Chapter II,but applied to the Article 2,which is implemented through the network technology.As the development of intellectual property industry especially the network industry,the market competition has become more and more intense.The network atypical unfair competition harms to the network market innovation and competition order,but the existing intellectual property law and the anti-unfair competition law cannot standards it.Therefore,this paper attempts to study the network atypical unfair competition,and hope to make some contribution to the norms and the improvement of "Anti-Unfair Competition Law".This paper includes three parts except the Introduction and the Conclusion.The first part is to analyze the meaning and characteristics of the network atypical unfair competition,and divided it into following three categories,"improper interference","traffic hijacking and free rider" and "fraud and misleading".The second part is to study the network unfair competition laws of Germany and the United States,and extract the modify experience in the general terms,the "blacklist",the permanent injunction and punitive damages system for our reference.The third part is to construct the legal regulation of the atypical unfair competition in China.Firstly,analyze the backwardness and the dilemma of general rules,the behavior improperness,the subject and the object,the competition relation and the liability rules.Secondly,evaluates and summarizes the rules of the trial experience of the court,the "Guidance of Cases Involving Network Intellectual Property Rights" and the revised draft of "the Anti-Unfair Competition Law".Finally,on the base of above,gives amend suggestion of the relevant clause in the general terms,categories and liability and relief items of the "Anti-Unfair Competition Law".