Research On Internet Unfair Competition

The rapid development of Internet technology has not only changed our lifestyle,but also changed the competition mode on the Internet.New type of Internet unfair competition cases spring up endlessly.Previously.there were no practical legal provisions,which brought great difficulties to our judicial practice.The new Internet clause in the Anti-unfair Competition Law,which came into effect on Januaryl,2018,responds to the demand timely and provides specific legal basis for future trials of Internet Unfair Competition cases.However,there are some inappropriate points in the content and system of this clause.And some problems in the process of judicial and law enforcement have not been effectively solved.The article is mainly divided into five parts,as follows:The first part gives a summary of Internet unfair competition.Firstly,I introduce the concept of Internet unfair competition.Internet unfair competition disturbs the competition order of Internet market.The newly revised Anti-Unfair Competition Law not only protects the interests of operators,but also includes the interests of consumers.Secondly,in identifying the Internet unfair competition behavior,we should consider the main body,objective aspects,competition relations,behavior and consequences.Finally,I introduce the characteristics of Internet unfair competition,including the concealment of the behavior,the diversity of the ways,the harmful consequences and the low cost of illegal activities.The second part introduces the manifestations of the Internet unfair competition,I introduce the paper introduces the manifestations of the expansion of unfair competition in the physical world into the Internet field,and the types of unfair competition exclusively in the Internet field,and attaches typical cases to each category.It should be noted that this part is not a typological analysis of Internet unfair competition,but a summary based on typical cases in daily life.The third part introduces the legislative of Germany and the United States in regulating Internet competition as representatives of civil law system and common law system,and how to use it for us.Germany' s Anti-unfair Competition Law has no specific provisions to regulate Internet unfair competition.It regulates Internet unfair competition through general provisions,which shows that“improper commercial behavior should be prohibited" and adopts different standards for the protection of the interests of operators and consumers.This is of great significance to our country,because before the introduction of Internet clauses,the courts in our country mostly tried cases of Internet unfair competition on the basis of our general clauses,and because of the limitations of Internet clause,the future trials of Internet unfair competition cases still can not do without general clauses.Although the United States has a series of anti-unfair competition laws,it pays more attention to past cases.Nevertheless,the factors that should be considered in the determination of "improper" established in the Federal Trade Commission Act,as well as some separate legislation such as the Federal Trademark Anti-dilution Act,the Unified Trade Secrets Act and the Anti-Domain Name Preemption Consumer Protection Act,have certain reference significance for our country.The forth part introduces the process of revision of Internet clauses and the problems in the final enactment of Internet clauses from the beginning of consideration to the final determination and offer the proposal.In the process of revision,the Internet clauses have mainly undergone the following changes:the general provisions on the unfair competition of the Internet have been added,the article that interferes with or destroys the network products or services has been deleted,and the miscellaneous provisions clause has been added.Next,I analyze the necessity of the existence of Internet clauses and the inappropriateness of the specific content and offer the proposal.The fifth part firstly introduces the problems and difficulties in the trial of Internet cases in judicial practice,such as the difficulty in determining the amount of compensation,disputes in competent courts,difficulties in obtaining evidence,and low litigation efficiency.Secondly,in view of these problems,I put forward my own suggestions,such as using judicial interpretation to refine the amount of compensation,clarify the jurisdictional rules of such cases,improve the collection rules of electronic evidence,and so on.